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NCSBA Legislative Update – June 9, 2017

June 9, 2017 Ramona Powers Legislative Updates & Alerts

NCSBA Legislative Update
JUNE 9, 2017

BUDGET NEWS

Negotiations began on a budget compromise on Monday after conferees were named by House and Senate leaders. Talks are still ongoing and are expected to continue into next week. One of the big hurdles remains the tax plan. The Senate proposed to cut $1B in taxes over two years. The House offered a tax cut package that is roughly one-third of the Senate’s. Despite the differences, Speaker Tim Moore publicly stated that he believes a deal could be in place by July 1.

NCSBA has put together a document that compares all the major funding and policy provisions in each budget pertaining to public schools. The document illustrates just how different the two budgets are (the provisions that are similar are highlighted in yellow in the document.

Click here to see the budget provision comparison document.

Here are a couple of other documents associated with the budget:

Click here to see the line-item comparison of all the money provisions.

Click here to see a document on NCSBA’s positions on the budget that was shared with the appropriation chairs.

LEGISLATIVE DISTRICTS

The US Supreme Court this week affirmed a lower court ruling that found almost 30 of North Carolina’s state legislative districts are racially gerrymandered and therefore illegal. This ensures that state lawmakers will have to redraw state legislative districts. The only issue now is the deadline by which the new maps have to be drawn. The Supreme Court’s ruling instructed the lower court to reconsider whether the maps and new elections using the new districts must be done in 2017 or a later date. State lawmakers have been arguing in court filings that creating new legislative districts AND holding a special election in 2017, as originally ordered by the lower court, is not practical.

Soon after the Supreme Court’s decision, Governor Roy Cooper called for a “special session” to create new legislative districts. General Assembly leaders responded by declaring the request “unconstitutional,” on the grounds that since a legislative session already is underway and conducting normal business, there is no “extraordinary occasion” that the constitution says is needed to call a special session. Legislative leaders also noted that there is no need for a special session since the lower court hasn’t yet provided direction as to when to redraw the maps.

ANTI-PENSION SPIKING

A state court has made a key ruling on the anti-spiking law. The court last week ruled that State officials did not follow proper procedure in developing the formula used to determine when the anti-pension spiking law has been triggered and a school system needs to provide reimbursement.

This ruling came from a series of lawsuits brought by four local school boards- Johnston, Wilkes, Cabarrus, Union- after they were told they owed pension contributions to the State because their superintendent salary arrangements were violating the anti-pension spiking law. The court ruled that officials should have held a public hearing and solicited public comment before approving the formula that determines when a salary arrangement is “spiking” the pension system. As a result of this finding, it was ruled that the boards did not have to pay the money requested by the retirement system.

The Treasurer’s office has announced that they intend to appeal the ruling.

**If your LEA has either paid or been assessed under the anti-spiking law you need to consult with your board attorney.**

OTHER LEGISLATIVE NEWS

Guns/School Property

After a lengthy debate the House this week advanced a comprehensive bill to loosen a number of the state’s concealed-carry gun laws. HB 746 contains some provisions that apply to concealed guns on school property:

– It clarifies that a concealed-carry permit holder may have a firearm at a school-sponsored extracurricular activity if that person is participating, chaperoning, or watching and the activity is occurring at a public place.

– Allows an individual to drive in a locked vehicle on a public road across educational property with a weapon if the individual stays in the locked vehicle and only allows others to enter or exit the car.

– Authorizes a concealed carry permit holder to carry on educational property that also serves as a place of religious worship if the person is on the property outside the operating hours of the school.

The bill passed 64-51, with some Republicans joining all House Democrats to vote against. If the Governor vetoes the bill there won’t be enough votes in the House to override unless some of the Republicans who opposed switch their votes.

Teacher Prep

SB 599- Excellent Educators for Every Classroom, was approved by the Senate Rules Committee this week. This is the legislation from Senator Chad Barefoot, R-Wake, that would restructure the state’s teacher prep system to allow for more alternative teacher prep programs and replace lateral-entry with a residency program. The next step for this bill is the Senate floor.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 606-3916 mobile

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919)747-6677 direct dial

NCSBA Legislative Update – June 2, 2017

June 6, 2017 Ramona Powers Legislative Updates & Alerts

NCSBA Legislative Update
JUNE 2, 2017

House Budget

The House released its salary/benefit budget proposals early this week and then moved its whole budget through the chamber the remainder of the week. The majority of the budget debate occurred last night as the House voted on floor amendments. Two votes were required on the full budget package. The first vote occurred around 10:30 PM, an 82-34 vote to approve. The House came back after midnight early this morning to vote on another amendment and take a final vote. Final approval was given by a vote of 80-31. Some House Democrats crossed over to vote in favor of the budget.

Teacher Salaries

The House package increases teacher salaries on average 3.3% in 2017-18 and 9-9.5% over the biennium. The average salary increases are roughly the same as the Senate’s package.

School Administrator/Noncertified Pay

– The principal pay schedule is still overhauled in the House budget.

– Whereas the Senate budget linked principal salaries to school growth scores, and provided a series of bonus opportunities, the House continues to link principal salaries to school ADM, with additional salary bumps to those principals with higher levels of Free and Reduced Lunch students.

– The House budget provides for higher salary increases for school administrators and noncertified LEA personnel.

Retirees

– A one-time 1.6% COLA increase is given to retirees.

Attached please find a more detailed review of all the major provisions and line-items in the House budget.

Remember that there are several notable provisions in the Senate budget that the House budget DOES NOT include: Education Savings Accounts, elimination of school board funding lawsuit authority, and a $13 million DPI flexibility reduction.

The Senate and House will now meet in conference to resolve their budget differences and craft a final budget. Leadership is aiming to have a final compromise budget enacted by mid-June.

EDUCATION sales tax FLEXIBILITY

The House PASSED HB 333- Local Option Sales Tax Flexibility. This is the bill that would take existing statutory authority to implement a local sales tax for public transit and expand it so that counties that want to levy this local sales tax could instead direct the revenue to fund: school construction, teacher supplements, and/or financial support of local community colleges. The bill passed the House 103-11 and now goes to the Senate.

SCHOOL Bond/State board of education

The State Board of Education yesterday passed a resolution supporting the $1.9 Billion statewide school construction bond. The resolution came a day after the Board heard a presentation on the challenges facing school districts with school construction financing. You can read the resolution here. The school bond bill remains in the Senate.
Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 606-3916 mobile

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919)747-6677 direct dial

NCSBA Legislative Update – May 26, 2017

May 26, 2017 Ramona Powers Legislative Updates & Alerts

NCSBA Legislative Update
MAY 26, 2017

HOUSE BUDGET STARTS MOVING

Spending subcommittees in the House met yesterday to set non-salary funding and policy provisions for their respective portions of the budget. Once lawmakers return from Memorial Day weekend, the House Appropriations Committee will take up salaries/benefits packages and make further amendments to the budget. House leaders plan to have their budget wrapped up by the end of next week.

The House education budget already appears to be very different from the Senate’s. Aside from salaries/benefits, which will be taken up next week, the notable components of the K-12 public education budget approved by the education appropriations subcommittee are below, along with a comparison of whether the provision is included in the Senate’s budget.

House Budget Provision	Included in Senate Budget???
NO FUNDING for specialty teachers in 18-19. HB 13 contained intent language.	Same- NO FUNDING for specialty teachers in 18-19. HB 13 contained intent language.
Creates a school calendar flexibility pilot for 20 LEAs to start as early as August 10. Same language as HB 389.	No
15-point scale for the A-F grades is made permanent.	No
Changes the definition of low-performing school so a school that meets growth is not given that designation. Same language as HB 826.	No
Creates 2 separate A-F grades: one grade for school achievement and one grade for school growth. Similar language to HB 458.	No
Exempts dual immersion classes from the lowered K-3 class sizes.	No
Aligns the accountability system with the Every Student Succeeds Act.	Yes
Requires LEA employees to have 2 hours of training on Youth Suicide Awareness. Same language as HB 285.	No
Cuts the Central Office Allotment 5.3% ($5 million) in 17-18 and 10.5% ($10 million) in 18-19	Yes but higher cuts 10.5% ($10 million) in 17-18 and 15% ($15 million) in 18-19
Fully funds ADM in both years.	Yes (with a reserve for 18-19)
Directs each LEA to report to the General Assembly on whether or not it needs to build additional classrooms to meet the new K-3 class size mandates.	No
Establishes 1 test to be administered to Opportunity Scholarship voucher students for comparability purposes.	No
Builds automatic $10 million per year increases in Opportunity Scholarship school vouchers into the base budget.	Yes
Renames the Achievement School District the Innovative School District.	No
Provides that if an LEA creates an Innovation Zone and one of the schools in that zone does not exceed growth in the last 2 of the 5 year period, it can then be taken over by a charter management group.	No
Establishes a task force to study revisions to school funding formulas, including possibly using the weighted student formula. Same language as HB 6.	No
Creates a new graduation requirement – at least 1 credit in Arts Education at any point between grades 6-12. Same language as HB 97.	No
Provides for up to 4 private alternative lateral-entry teacher preparation programs. Same language as HB 634.	No
Creates 10 new positions in the State Superintendent of Public Instruction’s Office.	Yes but creates 5

Also notable are these Senate budget items that the House budget DOES NOT include: Education Savings Accounts, elimination of school board funding lawsuit authority, and a $13 million DPI flexibility reduction.

Click here for a comparison of the line-item portions of the budgets so far.

EDUCATOR PREPARATION LEGISLATION

A legislative committee this week signed off on a measure to expand the ways individuals can attain a teacher license in North Carolina. The Senate Education Committee spent multiple meetings over the past two weeks discussing Senate Bill 599- Excellent Educators for Every Classroom, before passing it unanimously Wednesday.

While the 21-page bill has numerous components, at its core it allows for the establishment of different kinds of programs that provide a person a pathway to get a teacher’s license without having to earn a teaching degree from college/university. These kinds of programs are generally referred to around the country as non-traditional or alternative teacher preparation programs.

Alternative Teacher Prep Programs

Bill sponsor Sen. Chad Barefoot, R-Wake, explained to the committee that “Under the old system, you had to be an IHE, an institution of higher education, to prepare teachers. What the bill does is it says you no longer have to be that, but you have to meet this set of criteria.” Senator Barefoot cited an increasing number of alternative teacher preparation programs popping up around the country as well as the growing need for licensed teachers in North Carolina classrooms.

Alternative teacher prep programs would have to meet a baseline set of requirements in order to be eligible to operate. A Professional Educator Preparation and Standards Commission, made up of teachers and administrators, would be created to recommend all teacher preparation programs (college/university and alternative) to the State Board for approval.

Lateral-Entry Changes

SB 599 would also replace the current system of lateral-entry licensure with a system called “residency licensure.” While lateral-entry allows a person with a bachelor’s degree to teach in a classroom but requires they wait three years before being eligible for full licensure, a residency allows that same person to teach for just one year prior to becoming eligible for initial license. The resident would have to be enrolled in a teacher preparation program.

“I think the residency licensure track is going to be a faster, more efficient and more focused preparation for teaching than the current lateral entry system,” Sen. Barefoot said of this provision. “I think, ultimately, students are going to benefit more from it and the people who are engaged in it will benefit more from it.”

You can read the bill by clicking here and you can read a summary of the bill by clicking here.

EDUCATION sales tax FLEXIBILITY

HB 333- Local Option Sales Tax Flexibility, giving counties flexibility to convert existing public transit local sales tax authority to public education use passed the House Finance Committee overwhelmingly. It will likely come up for a vote the next time the House takes up legislation on the floor.

LOW INCOME STUDENTS/ACADEMICALLY GIFTED PLACEMENT

A three-part investigative series by the News and Observer and Charlotte Observer studied the last seven years of student placement into Academically and Intellectually Gifted programs across North Carolina. The series found that a larger proportion of more affluent students are selected for these classes than low-income students with similar test scores. If you are interested in reading this series you can find the links below.

Part 1: http://www.newsobserver.com/news/local/education/article149942987.html

Part 2: http://www.newsobserver.com/news/local/education/article150366187.html

Part 3: http://www.newsobserver.com/news/local/education/article150367607.html

Federal EDUCATION Budget

The National School Boards Association has released an analysis of the Trump Administration’s 2018 budget for federal education funding. Click here for the NSBA summary and review.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 606-3916 mobile

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919)747-6677 direct dial

NCSBA LEGISLATIVE UDPATE – MAY 19, 2017

May 19, 2017 Ramona Powers Legislative Updates & Alerts

STATEWIDE SCHOOL CONSTRUCTION BOND PASSES COMMITTEE

The House K-12 Education Committee overwhelmingly approved putting a $1.9 billion statewide school construction bond on the November 2018 ballot. NCSBA Director of Governmental Relations Leanne Winner was among those who testified to the committee in support of the bond. You can read more about what happened during the meeting by reading a media report here.

The bond bill, HB 866, now goes to the House Finance Committee. Please contact members of this committee in support of the school construction bond. Click here to find members of the committee.

Use the below talking points on the bond when communicating with House Finance committee members:

LEAs across the state are facing an $8 billion backlog of school construction needs. A bond will provide a significant infusion of one-time funds to help LEAs begin to address some of these critical needs.

There has not been a statewide school construction bond issue in 21 years (1996).

The State Treasurer’s office has confirmed that NC has the capacity to absorb a bond of this amount.

A school construction bond is the only type of bond that would create jobs in all 100 counties.

The school construction bond is supported by a number of education groups (including school boards, administrators, teachers and parents), county commissioners, trade organizations (including architects, engineers, general contractors), and others.

Just like with House Ed, it would be helpful to share any pictures you may have of dilapidated or overcrowded schools in your LEA with members of House Finance. Please share those pics with us as well.

If your LEA needs to build additional classrooms to meet the lower K-3 class size mandates, it would also be helpful to share that information with House Finance Committee members. Attached is a list of additional classroom needs LEAs have identified to us as of today. If your LEA is not listed here please let us know ASAP what additional classroom space you would need to meet the K-3 class size mandates. You can send that information to Sean Holmes at sholmes@ncsba.org.

EDUCATION SALES TAX FLEXIBILITY UP FOR DISCUSSION

Counties would be able to generate additional local funds for public education purposes under legislation to be heard in House Finance next week. HB 333- Local Option Sales Tax Flexibility, expands how counties may use some local option sales taxes. Right now there is a provision in statute that allows counties to levy an additional local option sales tax but use the funds ONLY for public transportation purposes. No counties have used this particular provision (Mecklenburg, The Triangle, and The Triad get their public transport sales tax authority from different parts of the statute). HB 333 would take this existing statutory provision and expand it so that counties that want to levy the local sales tax could instead direct the revenue to fund: school construction, teacher supplements, and/or financial support of local community colleges. All counties would be allowed this expanded authority and the tax would still have to be approved by voters.

The bill is scheduled to be heard Tuesday morning, May 23, at 8:30 AM. NCSBA supports this measure as one of a menu of options to help LEAs deal with school construction needs, as outlined in the NCSBA 2017-18 legislative agenda.

EDUCATOR PREPARATION LEGISLATION

The Senate Education/Higher Education met this week to discuss SB599 – Excellent Educators for Every Classroom. The 21-page bill eliminates the existing statute for lateral-entry teachers and creates a series of new education preparation programs. The bill also establishes the Professional Educator Preparation and Standards Commission to develop and recommend all aspects of the educator preparation programs including professional standards.

SB 599 creates new classes of teacher licenses and establishes new licensure requirements for out-of-state applicants and renewals.

The bill sponsor, Sen. Chad Barefoot, R-Wake, is seeking comment from stakeholders ahead of an anticipated vote next week in that committee. You can read the most updated version of the bill by clicking here and you can read a summary of the bill by clicking here.

SCHOOL CALENDAR

Please continue making a push on the Senate to consider one of the school calendar flexibility bills. Contact (i) Senate President Phil Berger and (ii) your Senate member(s). Ask them to allow consideration of one of the calendar flexibility bills- HB 375 (giving LEAs flexibility to align their start date with that of their local community college) or HB 389 (allowing a pilot of earlier start dates for certain LEAs to study the impact on student achievement as well as the economy).

Senate President Phil Berger contact info: click here
To find your Senator(s): click here

BUDGET

Now that the Senate has completed its version of the budget, leaders in the House are now focusing their attention on the House budget proposal. The House is aiming to have its budget approved by Friday, June 2. House spending subcommittees could begin rolling out their respective parts of the budget as early as next week.

Senate Budget: Click here and here for overviews of the Senate budget.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 606-3916 mobile

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919)747-6677 direct dial

School Bond Discussed in House Committee

May 16, 2017 Ramona Powers Blog

WRAL reports on the discussion of the school construction bond by a House committee.

http://www.wral.com/house-weighs-statewide-school-bond/16704908/

NCSBA Legislative Update – May 12 2017

May 12, 2017 Ramona Powers Legislative Updates & Alerts

NCSBA LEGISLATIVE UPDATE
MAY 12, 2017

SCHOOL CONSTRUCTION BOND UP FOR CONSIDERATION

Next week a House Committee will hear legislation to place a $1.9 billion statewide school construction bond on the 2018 ballot. The school construction bond bill (HB 866) is on the calendar of the House K-12 Education Committee for Tuesday, May 16, at 10:00 AM.

Please contact members of this committee immediately in support of HB 866, the school construction bond bill. Click here for information on members of the committee.

Here are some talking points you can use in asking committee members to support this measure:

An $8 billion backlog of school construction needs exist statewide. A bond will provide a significant infusion of one-time funds to help LEAs begin to address some of these critical needs.

There has not been a statewide school construction bond since 1996.

The school construction bond would create jobs in every county of NC.

The school construction bond is supported by a number of education groups (including school boards, administrators, teachers and parents), county commissioners, trade organizations (including architects, engineers, general contractors), and others

Another helpful action would be to share with members of the committee any pictures you may have of dilapidated or overcrowded schools in your LEA. Please share those pics with us as well.

It would be also helpful to talk about any needs in your district to build additional classrooms to meet the K-3 class size mandates. Click here to find a list of additional classroom needs LEAs have identified to us. If your LEA is not listed here please let us know ASAP what additional classroom space you would need to meet the K-3 class size mandates. You can send that information to Sean Holmes at sholmes@ncsba.org.

SENATE BUDGET APPROVED

The Senate this week passed their budget proposal for the fiscal biennium. The Senate budget proposal received final approval on a party-line 32-15 vote early this morning. There are several concerning provisions in this budget, including Education Savings Accounts, elimination of school boards’ local funding lawsuit authority, removing State Health Plan medical coverage for future retirees, restrictions on allotment transferability, and no funding for program enhancement teachers once the K-3 class size restrictions take full effect.

Attached please find a review of some of the major provisions and money items in the Senate budget. This expands on some of the items that were sent to you on Wednesday.

SCHOOL CALENDAR

Now that crossover is completed and the Senate has finished their version of the budget, it is time to push hard on the school calendar issue and we need your help encouraging members of the Senate to take up one or both of the school calendar bills that passed the House.

Please contact (i) Senate President Phil Berger and (ii) your Senate member(s) this weekend. Ask them to allow consideration of one of the calendar flexibility bills- HB 375 (giving LEAs flexibility to align their state date with that of their local community college) or HB 389 (allowing a pilot of earlier start dates for certain LEAs to study the impact on student achievement as well as the economy).

Senate President Phil Berger contact info: click here
To find your Senator(s): click here

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 606-3916 mobile

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919)747-6677 direct dial

NCSBA Legislative Update – May 5 2017

May 5, 2017 Ramona Powers Legislative Updates & Alerts

NCSBA LEGISLATIVE UPDATE
MAY 5, 2017

CLASS SIZES AND STATEWIDE BOND

Now that HB 13 has been enacted into law, local school boards and education leaders are turning to the task of phasing in the K-3 class size reductions. For 2017-18, the highest average/maximum class size levels in K-3 will be reduced by 1 from current levels. In 2018-18, average/maximums will be reduced by between an additional 2-4 depending on grade level.

The need for districts to build additional classrooms to meet the new requirements will only add to what is an already staggering backlog of school construction needs (estimated at $8 billion statewide). This makes it even more imperative that school districts get a significant infusion of school construction funding through a statewide bond. Remember that both the Senate and House have filed bills to put a $1.9 billion statewide bond on the ballot for school capital needs (SB542/HB866). Those bills remain eligible for the biennium. As part of the effort to communicate how badly a statewide school construction bond is needed we would like to know how much classroom space LEAs are going to have to add to meet the new K-3 class size requirements. Please let us know how many additional classrooms your LEA will need to construct to fully implement the new K-3 class sizes requirements for 2018-19. If your LEA will be able to absorb the changes without needing to build additional classrooms just say that no additional classrooms are needed.
Please send the information to Sean Holmes at sholmes@ncsba.org.

REFORMING RETIREMENT BENEFITS

The possibility of overhauling how retirement benefits are paid out for future (hired on or after July 1, 2018) teachers and State employees was the subject of a legislative committee meeting this week. Legislation discussed (but not voted on) Wednesday, SB 467, proposes to change the retirement plan for future workers from a Defined Benefit to a Defined Contribution system. SB 467 also proposes no longer allowing retirees (hired on or after July 1, 2018) to access medical coverage through State Health Plan.

The current Defined Benefit retirement system provides teacher and State employee retirees with a guaranteed monthly income upon retirement. A Defined Contribution plan as proposed under SB 467 removes the promise of a certain level of monthly income upon retirement and instead sets up 401(k) retirement accounts that teachers/State employees could access upon retirement. Contributions to this account would come from both the employer and worker contributions and the money would be invested in various stocks and bonds.

Supporters of SB 467 who spoke at the meeting argue that the costs of providing retirees with a guaranteed monthly income as well as State-provided health insurance is too big a financial burden for the State. They cite an estimated $60 billion unfunded liability to the State and point to research that a defined benefit program and State-funded health insurance at retirement do not add extra incentive to bring people ages 20-35 into government service.

A few groups representing teachers and government retirees spoke to the committee about some problems with changing the system, arguing that in the end a Defined Contribution plan may not even save any money.

While no vote was taken on SB 467, it could come back up at any time in the 2017-18 session as it was not subject to last week’s “crossover” deadline. It is also possible this language could appear as a provision in the Senate budget to be released next week (see below).

BUDGET UNDER DEVELOPMENT

It is expected that the Senate will release its State 2017-18 budget proposal early next week. Be sure to look for an email sometime in the middle of the week with a detailed analysis of the Senate’s budget proposal.

STATE BOARD OF ED NOMINEES

Governor Roy Cooper this week named three candidates to the State Board of Education to fill spots that opened on March 31, 2017.

Gov. Cooper re-nominated one of the current Board members whose term has expired- Mr. Reginald (Reggie) Kenan. Mr. Kenan is a sitting member of the Duplin County local board of education and would serve another eight-year term representing the Southeast Education Region (District 2) if confirmed.

Mr. J.B. Buxton has been nominated to replace Patricia Willoughby as an at-large member. Mr. Buxton has a number of years of experience in North Carolina’s public education system.

Ms. Sandra Byrd has been nominated to replace Wayne McDevitt as representative of the Western Education Region (District 8). Ms. Byrd is a retired UNC Asheville education professor.

These nominees still have to be confirmed by the General Assembly. Ms. Willoughby and Mr. McDevitt will continue serving on the Board until their replacements are confirmed.

To read more about each of these nominees click here.

CROSSOVER BILLS

The list of bills eligible for consideration for the remainder of the 2017-18 biennium has been whittled down by the passing of the crossover date. Attached is a list of the bills tracked by NCSBA that passed one chamber or the other and can thus move at any time over the rest of this session and the 2018 session.

Also note that finance and appropriations bills were not subject to the crossover date and can also move at any time.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 606-3916 mobile

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919)747-6677 direct dial

NCSBA Legislative Update – April 28, 2017

April 28, 2017 Ramona Powers Legislative Updates & Alerts

NCSBA LEGISLATIVE UPDATE
APRIL 28, 2017

K-3 CLASS SIZES

Changes to the planned K-3 class sizes have been signed into law. As we reported to you Tuesday, an agreed-upon version of HB 13 gives LEAs flexibility for 2017-18 in setting average K-3 class sizes higher than the funded level to continue generating the positions for specialty program teachers. The bill was passed by the Senate Wednesday, passed by the House Thursday and then quickly signed into law by the Governor.

In 2017-18, districts have flexibility for the following differentials between funded and average class sizes in the early grades: Kindergarten:(differential of 2); Grade 1: (differential of 4); Grades 2-3: (differential of 3). The maximum size of any individual class in grades K-3 will be 23.

In subsequent years (2018 and beyond) the class size averages in grades K-3 will have to equal the allotment ratios and the maximum in any one class could not be more than 3 students above the allotment ratio. This means that the changes that were set to go into effect this school year will be delayed until next year.

Senator Chad Barefoot, R-Wake, stated during the Senate Education Committee hearing on the bill that it is their intent to create a new funding allotment for the specialty (program enhancement) teachers next school year but that they must first collect data to know how much to fund for the needed positions. However, there is no language in the bill that addresses this point. On the Senate floor, Sen. Jay Chaudhuri, D-Wake, offered an amendment to specifically state in the bill that it is the legislature’s intent to create this separate funding stream, but Sen. Barefoot used a procedural maneuver on the floor to block the amendment. Remember that the General Assembly will not convene in 2018 until a week or two after the primary, which is usually held in May.

The new version of HB 13 also creates new reporting requirements. The local school board is required to submit the report in both September and in February of each year. The report includes the following:

For each class in each grade level at each school:
– Duties of the teacher

– Source of funds to pay each teacher

– The number of students assigned to the class

For each school:

– The number of program enhancement teachers (art disciplines, PE, health and world languages)

– The source of funds to pay each program enhancement teacher

The average class size for each grade in K-3.

Any other information the Superintendent of Public Instruction may require.

The new law also requires the Superintendent of Public Instruction to conduct periodic audits. If it is determined that the LEA is exceeding requirements for average and individual class sizes without a waiver, the State Board of Education may impose a penalty that withholds State funds for the superintendents’ salary. LEAs will be required to pay the State’s portion.

The law also delineates a time frame for a school district to come into compliance if an application for a waiver has been denied.

CROSSOVER WEEK/BUDGET

April 27 was the deadline for crossover. Crossover is the date by which most bills must pass one chamber or the other in order to stay eligible for the remainder of the biennium. In next week’s update we will have a list of all the bills we are tracking that made the crossover deadline and will be eligible for the remainder of the biennium.

Senate leaders also announced their budget timetable this week. It is the Senate’s turn to go first with the budget. Their leadership announced that they hope to finish their work on the budget next week and roll it out publicly the week of May 7.

SCH BD LAWSUIT AUTHORITY

SB 531, eliminating school boards’ authority to file local funding lawsuits, passed the Senate this week. This means it has made crossover and is eligible for the remainder of the two-year biennium. The bill eliminates the formal mediation and if after a joint meeting between the two boards, the sides have not agreed then the decision of the county commissioners on funding is the final decision. The bill sponsor, Sen. Tommy Tucker, R-Union, has stated publicly he has spoken with House leaders about not moving this bill further until the results of a legislative study are released. That report is expected to be released sometime in May or early June.

Sen. Tucker also publicly pledged that the final version will include formal mediation and a fallback formula if no agreement is reached.

CHARTER AND OTHER BILLS THIS WEEK

A series of charter school bills passed the House this week ahead of the crossover deadline. These bills will all be eligible for consideration the remainder of the biennium.

HB 514– Permit Municipal Charter School/Certain Towns
This bill allows the Towns of Matthews and Mint Hill to set up and operate charter schools. This could raise concerns about towns and cities breaking off from the county school system before the concept has actually been studied. HB 514 also allows students living in the municipality to receive preferential enrollment over other applicants. It appears there could be a scenario where no admission slots are open to students who reside outside of the municipality. NCSBA also has concerns with allowing municipalities to provide public dollars directly for school construction. There may be significant constitutional issues associated with this and the location of where students served by the charter school reside.

HB 779– Charter School Changes
This bill originally would have allowed charter schools to access school capital funds. This provision was removed by the House K-12 Education Committee. As passed by the House the bill loosens the threshold for charter schools to automatically expand. Instead of automatically expanding up to 20% over planned enrollment, the bill would allow charters to automatically expand up to 30% over planned enrollment, unless it is a low-performing school.

HB 800– Various Changes to Charter School Laws
The House K-12 Education Committee removed the provision supported by NCSBA to restructure the way charter schools are funded locally.

As passed by the House, HB 800 gives charter school enrollment priority to children from corporations that donate land or capital infrastructure funds to the charter. In exchange, up to 50% of the charter’s student enrollment can be reserved for children of the corporate partner’s employees. NCSBA opposes this provision as it could limit enrollment opportunities for the general public.

HB 826 also passed the House overwhelmingly. This bill modifies the definition of “low-performing” school to ensure that the definition is limited to only those schools that are D or F grade and have not met expected growth.

Attached please find a list of all bills with action this week.

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 606-3916 mobile

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919)747-6677 direct dial

HB13/New Version

April 25, 2017 Ramona Powers Legislative Updates & Alerts

Subject: HB13/New Version

View: Public

To: Mr. Ronn Abernathy ; Michael Absher ; Kara Acree ; Lee Adams ; Patricia L. Adams ; Tabitha Adams ; Todd Adams ; Mr. Donald Agee ; Mr. Gustavo E. Agudelo ; Dr. Irene Aiken ; Mark K. Akinosho ; Kathey Aldridge ; Kay Allen ; Lucinda T. Allen; Melissa Allen ; Travis Allen ; Dr. Lynn Allred ; William C Alston ; Denise Altman ; W. D. Anderson ; Kate Appler; Mr. Robert Armour Jr.; Carlos Armstrong ; H. Lawrence Armstrong ; Mrs. Wanda Arrowood ; Joan S. Avery ; Sissy Aydlett ; Russ Ayers ; Matthew Babcock ; Debra Baggett ; Mr. Paul Bailey ; Rex Baity ; Dr. Chris Baldwin ; Dr. Pamela M. Baldwin ; Dr. Tony Baldwin ; Mary Ellon Ballance ; Barbara Balmer ; Dr. Carolyn Banks ; Clara Banks ; Jason Banks ; Rose Banks ; Dr. Theresa Banks ; Coleman Barbour ; Randall N. Barefoot ; Jasper Barfield ; Nancy Barger ; Greg Barksdale ; Leslie Barnes ; Mrs. Velma H. Barnes ; Robert Barr ; Ann Barrett ; Mr. James Barrett ; Bea Basnight ; George Battle III ; Mel O. Battle ; Leisa Batts ; Sharon Bawcum ; Blake Beadle ; Frank Beals ; Mr. Chad S. Beasley ; Susie Beasley ; Rachel Beaulieu ; Mr. Landon Beaver ; Alan Beck ; Julie R. Beck ; Dr. Lee Beckworth; Amanda Bell ; Dr. John Mark Bennett ; Ms. Marilynn Bennett ; Mrs. Vivian W. Bennett ; Curtis Benton ; Becky Berger ; Natalie Beyer ; Scott Biesecker ; Mr. Brian Biggs ; Michael Bilbro ; Nancy Black ; Susan Blackwell ; Edward H. Blair ; Tommy Blake ; Mr. Danny L. Blanton ; Sam Blevins ; Stuart Blount ; Jonathan Blumberg ; Jo Boggs ; Rebecca Boles ; Anna L. Bonham ; Kristie Bonnett ; Mr. Jeffrey Booker ; Mrs. Frances Boomer ; Mrs. Glendale P. Boone ; Tammy Boone ; Eltha Booth ; Richard Bostic ; Amy Bottomley ; Sandra Bowen ; Scott A. Bowman ; Kathleen Boyd ; Leslie Boyd ; Ms. Barbara Boyd-Williams ; Ms. Beverly Boyette ; Tracy D. Boyles ; Mr. Bob Brackett ; Dr. Eric C. Bracy ; Michael T. Bracy ; Tammy Bradley ; Mrs. Margaret Bradsher ; Mrs. Teresa Branch ; Barbara L. Brayboy ; Mr. Jim K. 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Thompson; Pamela Thompson ; Pamela Thompson ; Sam Thorp ; Shirley Threadgill ; Mr. Donnie Thurman Jr. ; Dr. Frank Till ; Harriett Tillett ; Mrs. Freda S Tillman ; Pat Tillman ; Ronald Tillman ; Dr. Tony E. Tipton ; Angela Todd ; E. Norris Tolson ; Carolyn H Triplett ; Dr. George S. Truman ; Donna R. Trusty; Leslie K. Tubb ; Ms. Del Turner ; Mr. Mike Turner ; Keith Tutterow ; M Lynn Tuttle ; David Twiddy ; Jeanne Tyner ; Bettina Umstead ; Steve Unruhe ; Terry Usery ; Patrick Usher ; Rachel Vachon ; Steve Van Pelt ; Donna B Vann ; Sherry H Vaughn ; Josh Wagner ; Andrea Walker ; Carolyn S. Walker ; Judy Walker ; Kirk Walker ; Daniel Wallace ; Carolyn Waller ; Michael Wallin ; Helena Wallin-Miller ; John T. Walston; Larry Walston ; Robert P Walter ; Jason Walters ; Joseph L. 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Wilson ; Ms. Jane Allen Wilson ; Jill Wilson ; Lambert Wilson ; Larry Wilson ; Wendy Wilson ; Carol Wimmer ; Rep. Leanne Winner ; Leary Winslow ; Dr. Todd Wirt ; Libby Wise ; Robert W. Wolf; Noelle Wolfe ; Sherry Womack ; Mr. Rick R. Wood ; Paula Woodard ; Elijah Woods ; Dr. Summer L. Woodside ; Mr. Gabe Woody ; Jean Woolard ; Mike Wooten ; Dr. Shanita Wooten ; Ms. Carol A. Worley ; Dr. Terry W. Worrell ; David Wortman ; Benjamin L. Wright; Ms. Ophelia Wright ; Dr. William Wright Jr.; Todd Wulfhorst ; Barbara Wyatt ; Mr. Bob Wyatt ; Donna Wyatt ; Sharon Yale ; Endia Yancey ; Arlene Yates ; Phyllis Yates ; Barbara Yates-Lockamy ; Jamie Yontz ; Ms. Kathy Young ; Ms. Georgina Zeng ;
This evening the Senate Education Committee approved a new version of HB 13. The bill provides that during the 2017-2018 school year the class size averages in grades k-3 shall not exceed 20 students and that the maximum students in any one class will not exceed 23 students.

In subsequent years (2018 and beyond) the class size averages in grades k-3 will have to equal the allotment ratios and the maximum in any one class could not be more than 3 students above the allotment ratio. If the funded allotments do not change they would be:

Kindergarten: 1 teacher to every 18 students
1^st grade: 1 teacher to every 16 students
2^nd and 3^rd grades: 1 teacher to every 17 students

These changes, in essence, create a one year delay from these provisions going into effect the upcoming school year.

Senator Chad Barefoot, R-Wake, stated it is their intent to create a new funding allotment for the specialty (program enhancement) teachers but that they must first collect data to know how much to fund for the needed positions. But there is no language in the bill that addresses this point. Remember that the General Assembly will not convene in 2018 until a week or two after the primary, which is usually held in May.

The bill also creates a new reporting requirement. The report will be due from the local board of education in both September and in February of each year. The report will have to show the following:

For each class in each grade level at each school:
– Duties of the teacher
– Source of funds to pay the teacher
– The number of students assigned to the class

For each school:
– The number of program enhancement teachers. Program enhancement teachers include art disciplines, PE, health and world languages.
– The source of funds to pay the teachers.

Any other information the Superintendent of Public Instruction may require.

The bill also requires the Superintendent of Public Instruction to conduct periodic audits. If it is determined that the LEA is exceeding requirements for average and individual class sizes without a waiver, the State Board of Education may impose a penalty may withhold that state funds for the superintendents’ salary.

It also delineates a time frame for a school district to come into compliance if an application for a waiver has been denied.

Attached please find the press release from the Senate.

The new version of the bill will be heard in Senate Rules tomorrow morning April 25, at 8 AM. If favorable, the bill then goes to the Senate floor. Then the bill would return to the House for a concurrence vote and then to the Governor.

NCSBA Legislative Update – April 21 2017

April 21, 2017 Ramona Powers Legislative Updates & Alerts

NCSBA LEGISLATIVE UPDATE
APRIL 21, 2017

**Next Thursday, April 27, is the deadline for crossover. This is the date by which non-finance non- appropriation bills must pass one chamber or the other in order to be eligible for consideration the remainder of the biennium. There will likely be a flurry of legislative activity as crossover approaches.

Please pay attention to your email next week as we may have some legislative alerts throughout the week that require immediate action on legislation. **

SCH BD LAWSUIT AUTHORITY

Legislation eliminating school boards’ authority to file legal challenges to local funding passed the House State and Local Government I Committee this week. The bill, HB 305, generated healthy debate and was approved by a narrow margin. It now goes to the House K-12 Education Committee.

Meanwhile the Senate version of this bill, SB 531, has been calendared for consideration next week. It is scheduled to be heard in the Senate State and Local Government Committee at 2:00 PM on Tuesday, April 25. Please contact members of this committee (click here) and ask them to oppose this bill.

NOTABLE BILLS
On the House Floor next week:

HB 285– Suicide Prevention/Awareness School Personnel.
This establishes a training requirement for school personnel on teen suicide prevention. NCSBA has spent a large amount of time working on this bill to try to align it with the recently passed State Board of Education policy on mental health, which requires six hours of training every three years for both certified and non-certified personnel. We have not yet been able to get the bill into a form that aligns with the SBE policy. As currently written, HB 285 requires school personnel in grades 6-12 to have an additional two hours of training on teen suicide awareness. Neither this bill nor the SBE policy provides funding for this mandate. HB 285 is expected to come up on the House floor Monday.

The House K-12 Education Committee is scheduled to hear the following notable bills next week:

HB 514– Permit Municipal Charter School/Certain Towns (Monday, April 24 at 12:00 Noon)
Allows certain municipalities to set up and operate charter schools. This could raise concerns about towns and cities breaking off from the county school system before the concept has actually been studied. Indeed, there is already a bill scheduled for the next day to study the idea of breaking up the larger school systems. If you have any concerns about the concept of towns/cities creating charters please contact your House member(s).

HB 779– Charter School Changes (Monday, April 24 at 12:00 Noon)
The most notable provision of this multi-part bill is a section that allows charter schools to access school capital funds. NCSBA has concerns about this provision. The bill also loosens the threshold for charter schools to automatically expand. Instead of automatically expanding up to 20% over planned enrollment, the bill would allow charters to automatically expand up to 40% over planned enrollment.

HB 800– Various Changes to Charter School Laws (Monday, April 24 at 12:00 Noon)
Section 3 of this bill attempts to reform the funding relationship between LEAs and charter schools by requiring that charter schools get their local funding directly from county commissioners instead of through a transfer from the LEA. This would remove the LEA’s role in charter school funding, which is a priority outlined in the NCSBA legislative agenda.

Section 1 gives charter school enrollment priority to children from groups with whom a charter is a “partner.” A “partner” is defined in the bill as a business entity that has donated land or capital infrastructure funds to the charter. NCSBA opposes this provision as it could limit enrollment opportunities for the general public.

Section 2 allows employees of an EMO/CMO to work as teachers in a charter.

HB 681– Teacher Licensure/Military Spouses (Tuesday, April 25 at 10:00 AM)
A provision of this bill requires DPI to give priority in teacher licensure applications to military spouses. NCSBA has concerns about this portion of the bill as it could alter the playing field in processing licensure applications for those LEAs near military bases. If you have concerns about this provision please reach out to your House member(s).

HB 704– Divide School Systems/Study Committee (Tuesday, April 25 at 10:00 AM)
Establishes a study committee to look at the pros and cons of dividing larger school systems.

HB 826- Modify Low-Performing School Definition (Tuesday, April 25 at 10:00 AM)
Provides that if a D or F school/LEA is meeting expected growth, it cannot be considered “low-performing.” This is an NCSBA legislative agenda priority.

Activity This Week

HB 13, the bill to provide relief from the impending K-3 class size changes, has been moved from Senate Rules to the Senate Education Committee, which indicates a deal has been struck.

HB 406. Passed by the House State and Local Government I Committee. This bill repeals the authority of Orange County to impose impact fees. Another bill that moved this week, HB 436, freezes impact fees statewide and establishes a study committee to look into impact fees.

HB 866. This is the House version of the $1.9 billion statewide bond proposal for public school construction purposes. It was filed this week and is identical to the Senate companion, SB 542. The sponsors are Reps. Linda Johnson, R-Cabarrus, Craig Horn, R-Union, Kevin Corbin, R-Macon, and Becky Carney, D-Mecklenburg. Please be sure to thank the sponsors for their leadership in filing this bill.

HB 833. Passed by the House K-12 Education Committee. This bill makes a few changes to the Driver Education laws. Among other things, it would restrict transfers OUT of the driver education allotment. These funds could only be transferred out if they go to support a driver education program in another LEA. Another section sets out a directive for local boards to be provided with technical assistance if they desire to contract out driver education services.

Attached are lists of all NCSBA-tracked bills that had action this week and all new bills filed this week that NCSBA is tracking.

UPCOMING LEGISLATIVE MEETINGS AND EVENTS

Monday, April 24

12:00 PM
The House K-12 Education Committee will meet and consider the following pertinent bills:
HB 514- Permit Municipal Charter School/Certain Towns
HB 534- Computer Coding Course Elective
HB 779- Charter School Changes
HB 800- Various Changes to Charter School Laws
HB 806- Student Notice/Charter School Closure/Restr.

Tuesday, April 25

10:00 AM
The House K-12 Education Committee will meet and consider the following pertinent bills:
HB 600- School Construction Flexibility
HB 681- Teacher Licensure/Military Spouses
HB 704- Divide School Systems/Study Committee
HB 826- Modify Low-Performing School Definition
HB 849- Restore Longitudinal Data System Board

12:00 PM
The House Judiciary II Committee will meet and consider the following pertinent bills:
HB 336- Ltd. License/Drive to School Event Past 9:00
HB 670- Protect Educational Property

2:00 PM
The Senate State and Local Government Committee will meet and consider the following pertinent bills:

SB 375- State Emps./No Payroll Dues Deductions

Leanne E. Winner
Director of Governmental Relations
N.C. School Boards Association
(919)747-6686 direct dial

Bruce Mildwurf
Associate Director of Governmental Relations
N.C. School Boards Association
(919) 606-3916 mobile

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
(919)747-6677 direct dial