December 6, 2024

Forty-nine of North Carolina’s fifty state senators returned to Raleigh this past Monday for a one-day session to primarily act on two constitutional amendments and Governor Cooper’s recent veto of SB 382, a 131-page bill titled “Disaster Relief-3/Budget/Various Law Changes.”

After the gallery of observers was cleared from the chamber for repeated outbursts, the Senate overrode the veto along party lines with 30 Republicans voting in favor and 19 Democrats voting against. Click here for the official bill summary and here for an article expanding on some of the details of SB 382. Additionally, the education provisions include:

New Cooperative Innovative High Schools: Impacts Dare Early College High School and Rockingham County CTE Innovation High School.
Changes to the AI School Safety Pilot Program: Impacts New Hanover County Schools and Davidson County Schools.
Changes to the Special Needs Pilot Program: Impacts Alamance County Schools, Catawba County Schools, Nash County Schools, Cabarrus County Schools, Union County Schools, and Vance County Schools.
Expand Availability and Eligible Credits of SparkNC Pilot: Impacts all Public School Units (PSUs).
Principal Licensure Portfolio Waiver
Updated Advanced Teaching Roles Program: Makes multiple changes including that any approved K-3 class size flexibility resulting from an ATR classification would only last up to three years.
Transfer Center for Safer Schools: From DPI to the State Bureau of Investigation (SBI).
Reports on Opportunity Scholarship Testing

SB 382 will not become law unless the House also overrides the Governor’s veto when they return to Raleigh for next week’s scheduled session. NOTE: Two weeks ago, three Republicans voted against this bill when the House passed it with a 57.78% majority. A successful override, however, requires that at least 60% of the present members support the override, otherwise, the veto stands.
The House is also expected to vote on the two constitutional amendments approved by the Senate this week.

SB 920: Const. Ad. – Income Tax Rate Cap Modification: Lowers the maximum rate of tax on incomes from 7% to 5%.
SB 921: Cons. Am./Require Photo ID For All Voters: Additionally requires photo identification from absentee voters.

Constitutional amendments require 60% approval from both chambers. If that threshold is met, each bill calls for the measure to go before voters statewide on November 3, 2026.

The State Board of Education met for their bi-annual planning and work session this week. Tuesday and Wednesday were spent making and discussing a “to-think list” based on real-world scenarios and issues, including topics ranging from cellphones in schools to federal and state accountability. If you’re interested in exploring all of the items, to view the Day 1 agenda, click here. To view the full Day 2 agenda, click here. To view the Day 3 agenda (regular monthly meeting), click here.

Day 1
(Full presentation here)

(Cellphones in Schools) Role of Legislation: Senator Jim Burgin (R-Harnett) and Senator Jay Chaudhuri (D-Wake) were present on the first day to discuss and receive questions about their ongoing work surrounding cellphones in school. They referenced a bill on the issue that’s currently in the works and highlighted the importance of bipartisan collaboration.
Local Perspective: Steve Gainey, Vice-Chair of the Brunswick County (BCS) Board of Education, and Dale Cole, BCS Superintendent, along with Dr. Stan Winborne, Superintendent of Granville County Schools, talked about the impact of their locally-driven pilot programs for cellphone management in their respective districts. They covered challenges, lessons learned, and outcomes, while highlighting the importance of avoiding passing down an unfunded mandate. One of the areas of overwhelming agreement is that many stakeholders need to be involved in the discussion if there is to be a statewide policy or piece of legislation.

(Beyond Cellphones) Principals: Three principals from the NC Principal of the Year Network discussed, among other items, the importance of aligning principal pay with teacher pay to retain and recruit high-quality leaders. There is a lack of a clear pipeline for principals, and financial incentives for principals to work in low-performing schools remain local and insufficient.
Community Partners: The NC Department of Health and Human Services (NCDHHS) highlighted its partnerships with schools to provide and access school-based health services, including Medicaid-reimbursable services. However, many districts have yet to access these funds due to administrative challenges, so NCDHHS is working to help districts navigate the Medicaid reimbursement processes.

Day 2
(Full presentation here)

Federal Accountability: Alex Charles, Senior Director in DPI’s Office of Federal Programs, presented on federal accountability, emphasizing the importance of updating the ESEA State Plan (which allows NC to identify our way of adhering to federal requirements) since a complete review has not been done since 2017. The current timeline for revising the ESEA State Plan requires all draft revisions by the end of the year, followed directly by a period of public comment, and ultimately a submission to the US Department of Education following SBE approval in February 2025. However, stakeholders quickly pointed out that the timing is difficult, considering Hurricane Helene impacts, winter break, and the administration change. After the discussion, Charles acknowledged that the timeline may be revisited. Additionally, he highlighted the value and growing necessity of aligning federal accountability and state accountability.
Standards & Testing: Statewide assessments, EOGs and EOCs, and academic standards were discussed separately and in conjunction as they relate to student-centered redesign.

Day 3
To learn about specific items for approval or discussion that may impact or be of interest to local school boards, please read on.

DISCUSSION (Recognition of Service) Dr. Mike Williams: Dr. Mike Williams, Chairman of the Roanoke Rapids Graded School District Board, was recognized at this week’s meeting for his service over the last year as the Local Board Advisor to the State Board of Education (a position awarded to the annual winner of NCSBA’s Raleigh Dingman Award). In his final comments, Dr. Williams highlighted three major takeaways: (1) the State Board of Education and Department of Public Instruction are full of guardians of the right to a sound, basic education for every child in NC’s public schools, (2) overseeing all of the public schools at the volume DPI does can be overwhelming, but the high level of competency among staff is unwavering, and (3) “While the General Assembly is the primary, if not in many cases, the sole source of funding for our schools, the amount of reporting back to the General Assembly that accompanies that funding is enormous and consumes a great deal of time of the State Board [of Education], the Department [of Public Instruction], and those of us at the local level. I encourage each of you to talk with our legislators and encourage them to put more trust in statewide and local education leaders. And afford them the freedom, the time, and the authority to do their jobs. Accountability is a good thing. But burdensome oversight can be detrimental to the overall effort to lead and move our schools in the direction that serves all children well.”

Darrell Pennell, the 2024 Raleigh Dingman Award recipient and incoming Local Board Advisor to the State Board of Education, will begin his duties at the start of the new year.

As we say goodbye to Mike in his State Board position, NCSBA continues to benefit from his work on the NCSBA Board of Directors. For all you’ve done, and continue to do, we thank you, Mike.

DISCUSSION (Chairman’s Report) Federal Accountability Waiver – Hurricane Helene: Chairman Eric Davis provided new information on the Federal Accountability Waiver related to Hurricane Helene that was covered in the last State Board update. On November 12, representatives from DPI met with the US Department of Education to get feedback on their initial letter on behalf of certain disaster-impacted PSUs requesting to waive some of the federal requirements related to achievement scores associated with end-of-course (EOC) tests (NC Math 1, NC Math 3, English II, biology). They received a positive response with very few substantive suggestions. One important clarification for districts that are eligible to opt-in to the Waiver is that they must opt-in for all testing options. DPI is finalizing which districts will be included in the waiver request based on their local decision.

APPROVED (SBE Policy Amendment) Identification of Multilingual Learners (ML) and Exit Criteria: As discussed in last month’s SBE update, changes surrounding MLs include a new standardized and statewide process of identification for students and households, in place of the current individually-developed Home Language Survey (HLS) forms offered by each PSU. These changes were surveyed by relevant stakeholders, and the response was overwhelmingly positive. For all changes to the policy, click here. To view the full presentation, click here.

APPROVED (Report to the NC General Assembly) Multilingual Learner (ML) Headcount: As of November 1, 2024, the current enrollment number of students formally identified as ML is 178,688 across 115 LEAs, 193 charters, 5 lab schools, 1 regional school, and 5 specialized schools. This reflects an increase of 15,910 students over 2024. Two things to note: the data is suppressed where less than ten students are identified as MLs, and the number of students identified as MLs who are also classified as Academically or Intellectually Gifted (AIG) or as having a disability will be added in the future. To view the full report, click here.

APPROVED 2023-2024 School Health Reports: The Healthy Active Children Report, based on data submitted by LEAs across the state, includes information regarding School Health Advisory Councils, the amount of time spent on physical activity across grade level groupings, and additional pieces of the Whole School, Whole Community, Whole Child model. The report also includes data collected for the School Mental Health Report. To view the presentation of highlights, click here.

APPROVED Digital Learning Grants (DLI) – Request for Proposals (RFPs): This Request for Proposals (RFP) pertains to the 2025-2026 Digital Learning Initiative (DLI) Grants, available to all NC PSUs, with total funding up to $1.2 million. These grants are intended to enhance local innovation in digital teaching and learning and advance the statewide implementation of the NC Digital Learning Competencies and Standards. RFPs will be issued shortly, as well as opportunities for support sessions, including webinars and Q&A sessions, to assist in the application process. Applications are due no later than 5:00 p.m. on April 30, 2025. Awarded funds must be expended by recipients by June 30, 2026. To view the full presentation, click here.

APPROVED (SBE Policy Amendment) State Graduation Requirements: In consideration of the impacts of Hurricane Helene, students with disabilities participating in the Occupational Course of Study will be allowed to complete work hours through a combination of disaster relief and recovery efforts (for the 2024-2025 school year only). To view the approved policy change, click here.

APPROVED (Report to the NC General Assembly) Advanced Teaching Roles (ATR) Evaluation Report for 2023-2024: This report covers the academic, instructional, and professional impact of ATR programs on local PSUs to create a better understanding of what is and isn’t working in implementing and executing these programs. To view the presentation, click here.

APPROVED Teacher Compensation and Advanced Teaching Roles (ATR) Program Grant Recipients: 11 LEAs submitted proposals for review for the Teacher Compensation and Advanced Teaching Roles Program for the start of the following school year. The State Board approved the 6 highest rated proposals and will fund these districts at 80% of their requested budgets. DPI plans to prorate planning funds for each proposal according to relative size of proposed budgets. To view the full presentation and reasoning, click here.

APPROVED (SBE Policy Amendment) High School Diploma Endorsements: This approved policy amendment for the NC Citizenship Endorsement was made to align with the requirements and layout of the U.S. Citizenship and Immigration Services naturalization test, which simplifies the implementation process for PSUs. To view the approved policy changes, click here.

APPROVED (Report to the NC General Assembly) 2023-2024 North Carolina Virtual Public Schools (NCVPS) Annual Report: This report uses data from the previous fiscal year and shows the actual versus projected costs related to NCVPS for PSUs, as well as statistics on student enrollment, virtual teacher salaries, and measures of academic achievement. To view the report, click here.

DISCUSSION New 2023-24 Year-Over-Year Recovery Analysis: DPI has partnered with SAS EVAAS to develop and share the “2024 Year-Over-Year State Analysis Report” in an effort to support evidence-based policymaking. Through the lens of state achievement in the K-12 public school system as it has evolved over the years, this new analysis compares achievement pre-pandemic trends, pandemic impacts, and benchmarks for recovery. Districts will receive specific reports from the agency to help guide local discussions about recovery from the pandemic. To view the analysis, click here.

DISCUSSION (SBE Policy Amendment) Course for Credit: The State Board discussed changing the Course for Credit Policy to realign with recently approved updates to the High School Transcript Standards policy regarding numeric grades being required for non-elective graduation requirements. To view the full proposed Course for Credit policy changes, click here.

DISCUSSION Charter Schools Review Board (CSRB) November 2024 Meeting Review: To view the December update, click here.

DISCUSSION (Report to the NC General Assembly) Study for Students with Extraordinary Costs: This study by DPI highlights data-driven legislative recommendations for the General Assembly related to students with extraordinary costs in “Approved Schools,” i.e. a private school with approved nonpublic education programs that provide special education options. The study also looks at the extraordinary costs incurred by a PSU through student placement in Approved Schools. To view the full presentation, click here.

The State Board of Education plans to meet next on January 8-9, 2025.

The following highlights are summaries directly based on the Consortium of State School Boards Associations (COSSBA) Federal Education Report and reflect information and ideas provided by the Consortium. Click here to read more about these topics and others in the November 25th report.

Constitutionality Review of FCC’s Universal Service Fund: The U.S. Supreme Court has plans to review the constitutionality of the Universal Service Fund (USF), the Federal Communications Commission (FCC) program that funds broadband expansion and internet subsidies, an effort that directly supports the E-Rate program which critically impacts public schools. The 5th US Circuit Court of Appeals ruled that the fund’s setup is unconstitutional, which conflicts with other rulings in federal circuit courts, but critics of the program maintain that the fund imposes an improper tax.

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

State News
EdNC: North Carolina school board election results by district
High School OT: NCHSAA board will ‘explore’ charter, parochial school proposal at a later date
WLOS: Buncombe County’s ‘Grow Your Own’ initiative aims to fill teacher gaps with local talent
High School OT: NCHSAA won’t sanction flag football this year, but commissioner thinks it will happen eventually
EdNC: The Next NC Scholarship will allow many NC students to go to community college for free
News & Observer: NC middle schools struggling to recover academically after pandemic, new report shows
State Affairs: North Carolina’s post-pandemic learning recovery data shows promising trends
EdNC: North Carolina economic development tier designations released for 2025
News & Observer: Does banning students from using phones in class work? Some NC school leaders say yes.

National News
New York Times: Texas Education Board Backs Curriculum With Lessons Drawn From Bible
Education Week: Billions of School Tech Dollars At Risk as Supreme Court Takes Up E-Rate Case
K-12 Dive: IDEA 2004 turns 20: How the landmark reauthorization changed special education
Education Week: How a Supreme Court Case on Vaping Stands to Impact Schools
K-12 Dive: ‘No one-size-fits-all’ student cellphone policy, says Education Department

The House will be back in town next week and are scheduled to hold a voting session. Notable committee meetings include:

House Select Committee on Helene Recovery
Wednesday, December 11, 2024
10:00 AM, Click here to stream.

Per HJR 18081, if all goes as planned, when the House and Senate adjourn on Friday, December 13, 2024, they stand adjourned sine die, thus marking the end of the 2023-2024 legislative biennium.

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