Ramona Powers

SB 654: K-12 COVID-19 Provisions

After months of being in conference, a conference committee report for SB 654: K-12 COVID-19 Provisions (primary sponsors: Senators Deanna Ballard, R-Watauga; Don Davis, D-Pitt; Michael Lee, R-New Hanover) was presented and passed by both chambers (102-1 in the House and 44-0 in the Senate). The bill is now awaiting the Governor’s signature. SB 654 does the following.

Virtual instruction:

• Requires public school nits (PSUs) to submit a virtual instruction plan to DPI by October 1, 2021, in order to provide virtual instruction to students (with consent of parent or guardian) during the 2021-2022 school year
  • Prohibits virtual instruction after June 30, 2022, except if a LEA was assigned a school code to operate a virtual academy by May 1, 2021
• Allows PSUs with good-cause waivers to use up to 15 days or 90 hours of remote instruction for severe weather and other emergencies
  • All other PSUs can use up to 5 days or 30 hours
• Allows PSUs to provide remote instruction to address health and safety concerns related to COVID-19 for the 2021-2022 school year
• Requires the State Superintendent to create a Working Group on Virtual Academies to make recommendations to the General Assembly by March 15, 2022

COVID-19 waivers/extensions:

• Waives school performance grades and low-performing school identification for the 2021-2022 school year based on 2020-2021 school year data
  • Annual report cards for the 2021-2022 school year, based on data from the 2020-2021 school year, will be produced to comply with federal requirements under the Elementary and Secondary Education Act (ESEA)
• Allows seniors to graduate in 2021 without completing CPR instruction
• Temporarily waives certain driving eligibility requirements and restores certain driving permits and provisional licenses that were revoked due to certificate ineligibility

Mask policies:

• For the 2021-2022 school year, requires all PSUs to adopt a face mask policy for employees and students and to vote at least once a month on if the policy should be modified (similar to SB 173)

Teacher licensure:

• Extends exam requirements for teachers seeking a continuing professional license from June 30, 2021, to December 31, 2021 (was September 30, 2021, in previous versions)
• Allows individuals to receive a residency teacher license if they have a bachelor’s or advanced degree, or both (current law only includes bachelor’s degree)

Principal recruitment supplement:

• Continues the principal recruitment supplement for the 2021-2022 school year

Year-round calendars:

• Adds another definition of a year-round school: allows a single-track school to operate on the same multi-track schedule of another school in that LEA (only impacts Wake County)
• Modifies one of the definitions of a year-round school by requiring students to attend four quarters of between 43 and 47 instructional days (was 45) each school year, with 14 to 18 vacation days (was 15) between each quarter (requested by NCSBA)

Provisions that were removed from SB 654:

• Delays the implementation of social studies standard course of study changes by one year (the House’s version of the budget delays by two years)
• Modifies the implementation of kindergarten class size requirements for the 2021-2022 school year (included in the House’s version of the budget)
• Directs the use of the $360 million 10% DPI reserve in Elementary and Secondary School Emergency Relief III (ESSER III) funds (different allocations included in each chamber’s version of the budget)

Click here for an official bill summary.

HB 324: Ensuring Dignity & Nondiscrimination/Schools

The modified version of HB 324: Ensuring Dignity & Nondiscrimination/Schools that Senate leader Phil Berger, R-Rockingham, introduced last month for discussion only (NCSBA wrote about the bill version in previous legislative updates) finally passed out of the Senate Education/Higher Education and Senate Rules committees and passed the Senate on a 25-17 party-line vote. Now the bill will be sent to the House for a concurrence vote. HB 324 now defines “promote” as “compelling students, teachers, administrators, or other school employees to affirm or profess belief in the concepts described”. Listed below are six additional concepts, bringing the total to 13 that are prohibited from being promoted in public schools.

• The U.S. government should be violently overthrown
• Particular character traits, values, moral or ethical codes, privileges, or beliefs should be ascribed to a race or sex or to an individual because of the individual’s race or sex
• The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups
• All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness
• Governments should deny to any person within the government’s jurisdiction the equal protection of the law
• The United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex.

HB 324 also requires public schools to notify DPI and post to their website information about:

• Instruction regarding the concepts
• Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of discussing the 13 concepts
• Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons who have previously advocated for the 13 concepts

The controversial bill stirred up debate and received many public comments in both committees. Additionally, during the Senate Education/Higher Education Committee meeting, Lieutenant Governor Mark Robinson announced that his F.A.C.T.S. Task Force released a report on indoctrination in the State’s public-school classrooms. Click here for an official bill summary.

Other Education-Related Bills with Action This Week

Statewide Bills

HB 84: Sex Offender Premises Restrictions (primary sponsors: Representatives Harry Warren, R-Rowan; Allen McNeill, R-Randolph; Dennis Riddell, R-Alamance; Sarah Stevens, R-Surry) was signed into SL 2021-115. The bill does the following:

• Extends premise restrictions for sex offenders to include those convicted of sexual exploitation of a minor
• Clarifies that a registered sex offender is prohibited from knowingly residing within 1,000 feet of any property line on which a school or childcare center is located (language from SB 52)

HB 91: Accountability and Fair Play in Athletics, the bill proposing to abolish the NC High School Athletic Association was sent back to the Senate Education/Higher Education Committee a month after it was approved by that same Committee and the Senate Finance Committee. The Committee passed an amendment that essentially rewrote HB 91. The previous version of the bill replaced the NC High School Athletic Association (NCHSAA) with a new commission. This latest version of HB 91 requires the State Board of Education (SBE) to either enter into a memorandum of understanding with a nonprofit to administer high school interscholastic athletics (which could be NCHSAA but does not have to be) or assign administration to DPI. Click here for an official bill summary that outlines all the new requirements for the SBE, PSUs, and NCHSAA.

During the Committee meeting, numerous members and employees of NCHSAA, including Commissioner Que Tucker, spoke in opposition of a majority of the bill’s contents, but agreed on the need for more transparency and collaboration. Bill presenters continued to explain that their motivation behind HB 91 is the result of an ongoing examination into the NCHSAA that has spanned over 22 months.

HB 729: Charter Schools Omnibus (primary sponsors: Representatives Larry Yarborough, R-Person; Jon Hardister, R-Guilford; John Bradford, R-Mecklenburg; Mark Brody, R-Union) was vetoed by the Governor who stated: “The State Board of Education is constitutionally and statutorily charged with administering children’s education in state public schools, including charter schools. It is critical that the Board have both of their appointments to the Charter School Advisory Board to carry out its constitutional duties.” In addition to removing one of the SBE’s appointments to the Charter School Advisory Board (CSAB), HB 729 requires the State Superintendent (or designee) to be the secretary of CSAB and permits charter school teachers to receive residency licensure.

Local Bills

HB 3: Craven Bd of Ed/Partisan Electoral Districts (primary sponsor: Representative Keith Kidwell, R-Beaufort) was approved by the Senate State and Local Government Committee and referred to the Senate Rules Committee. Click here for an official bill summary.

HB 400: Modify Asheville/Buncombe Sch. Bd. Elect. (primary sponsors: Representatives Susan Fisher, D-Buncombe; Brian Turner, D-Buncombe; John Ager, D-Buncombe) was amended upon the request of Senator Chuck Edwards, R-Henderson, in the Senate State and Local Government Committee. The amendment changed the election method for the six Buncombe County Board of Education members that run from districts. Instead of being elected by voters from across Buncombe County, board members will be elected by voters residing in their districts. HB 400 has been referred to the Senate Rules Committee. Click here for an official bill summary.

Budget Negotiations

Senate leader Phil Berger, R-Rockingham, was quoted last week saying he expected negotiations to wrap up in early September. This week he was quoted by the media as saying “At this point, I would say we’re not making much progress.”

NCSBA has created a chart tracking local school boards’ policies/resolutions on school mask requirements. Click here to access the chart. As of August 27, 91 school districts require students and staff to wear masks on school property (up from 80 last Friday). For a majority of students, the school year started on Monday, August 23. As your school district finalizes its mask policy, please email information to Richard Bostic at rbostic@ncsba.org, as well as any corrections to the chart.

As of 1:00 pm on Friday, August 27, no education-related meetings were scheduled for next week.

Additional Education-Related Meeting

The State Board of Education will have its monthly meeting on Wednesday, September 1, and Thursday, September 2.

• Meeting agenda
• Meeting live stream

Legal/Policy Q&A

NCSBA’s Legal/Policy Team was kind enough to create a Q&A addressing vaccinations, mask resolutions/policies, and general COVID-19 issues. The Legal/Policy Team compiled a list based on questions and concerns posed by school districts as the new school year begins. Answers were drawn from various sources. The document, which may be updated periodically, is posted to the NCSBA website here.

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

Budget Negotiations

Budget negotiations began this week with the appointment of House and Senate conferees. There is a total of 44 House conferees (plus 3 advisory, non-voting conferees) and 24 Senate conferees. While a majority of conferees are Republicans, Democrats who voted to approve their chamber’s budget were also appointed (9 representatives and 4 senators). As a reminder, the Senate voted 32-17 to approve its version of the budget, and the House voted 72-41 to approve its version of the budget.

According to a news source, Senate Leader Phil Berger, R-Rockingham, said that the goal is for the two chambers to reach a consensus by the end of August, followed by collaboration with the Governor and final floor votes around September 9. NCSBA Editorial: that’s an ambitious goal.

In case you missed it last week, click here for NCSBA’s comparison of House and Senate budget education appropriations.

Education-Related Bills with Action This Week

Statewide Bills

The Senate voted 46-0 to adopt the Conference Committee Report for HB 84: Sex Offender Premises Restrictions (primary sponsors: Representatives Harry Warren, R-Rowan; Allen McNeill, R-Randolph; Dennis Riddell, R-Alamance; Sarah Stevens, R-Surry), followed by presentation to the Governor. The bill does the following:

• Extends premise restrictions for sex offenders to include those convicted of sexual exploitation of a minor
• Clarifies that a registered sex offender is prohibited from knowingly residing within 1,000 feet of any property line on which a school or childcare center is located (language from SB 52)

SB 693: Expedite Child Safety and Permanency (primary sponsors: Senators Steve Jarvis, R-Davidson; Joyce Krawiec, R-Forsyth; Chuck Edwards, R-Henderson) passed the House 72-30 and has been sent to the Senate for a concurrence vote. Section 6 of the bill requires public schools to provide students in grades 6-12 with information and resources on child abuse and neglect, including sexual abuse. The information and resources must be distributed to students in a document at the beginning of each school year, displayed in visible/high-traffic areas in the school, and include warning signs of abuse and how to report it. The bill does not appropriate funds for this mandate. Section 6 of SB 693 incorporates language from HB 205, which passed the House 119-0. Click here for an official bill summary.

Local Bill

HB 353: Winston-Salem/Forsyth and Wake Bds. of Ed. (primary sponsors: Representatives Donny Lambeth, R-Forsyth; Lee Zachary, R-Yadkin) passed the House and was sent to the Senate. This bill staggers the terms of the Winston-Salem/Forsyth County and Wake County boards of education. Click here for an official bill summary.

Bill Chart

Click here for a chart of all education-related bills that NCBSA is tracking.

NCSBA has created a chart tracking local school boards’ policies/resolutions on school mask requirements. Click here to access the chart. In the past few weeks, 23 school boards have reversed their decision of allowing masks to be optional to now mandating masks. Currently, 80 school districts require masks and 35 allow masks to be optional.

For a majority of students, the school year starts on Monday, August 23. As your school district finalizes its mask policy, please email information to Richard Bostic at rbostic@ncsba.org, as well as any corrections to the chart.

The Board met in a called meeting on Thursday to approve contracts, including a three-year $49.7 million contract with Voyager Sopris Learning, Inc., to provide Language Essentials for Teachers of Reading and Spelling (LETRS) training to teachers. This training is part of the science of reading changes made to the Read to Achieve program by SB 387: Excellent Public Schools Act of 2021/SL 2021-8.

Click here to access all meeting materials.

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

House Budget

We are about a month and a half into the new fiscal year, and the House just passed its version of the budget on a 72-41 vote. While there was plenty of discussion on amendments, many House members spent their time debating the budget bill as a whole, expressing praise or criticism for its contents. Republicans advocated for the budget’s large investments, including pay raises, bonuses (using some federal funds), and broadband expansion. Democrats, while acknowledging the good that the budget does, criticized it as not doing enough. Additionally, Democrats criticized the budget process and its lack of collaboration between political parties. Education-related complaints from Democrats included lack of funding for the Leandro plan (although Republicans claimed that many parts of the plan are incorporated into the budget) and numerous education policy provisions that came from existing Republican-sponsored bills. Click here for an article on the House budget discussion and passage. NCSBA has provided summaries of House budget education provisions and appropriations.

The total House budget General Fund allocation is:

• $25.7 billion in FY 2021-2022 (3.6% increase)
• $26.7 billion in FY 2022-2023 (7.3% increase)

For K-12 public education, the House budget appropriates:

• $10.6 billion in FY 2021-2022 (5.8% increase)
• $10.7 billion in FY 2021-2022 (7.3% increase)

Click here for NCSBA’s summaries of House budget education provisions.

Click here for NCSBA’s summary of House budget education appropriations.

Click here for NCSBA’s comparison of House and Senate budget education appropriations.

Click here for the House budget bill.

Click here for the House budget money report.

Next week, the House and Senate are expected to name conferees and begin the budget negotiation process, which House Speaker Tim Moore said will include collaboration with the Governor’s office. Once a budget compromise is reached, it will then need to pass both chambers before being sent to the Governor for approval.

As we mentioned in an email alert earlier this week, an amendment to the House budget replaced the provision on school nutrition programs that would require three months’ operating balance and cap the rate at 8% with a report on school nutrition programs. NCSBA wants to thank each school board member, superintendent, and finance officer who contacted their House members to get that provision amended. While your efforts paid off in this round of the budget process, the original provision is likely to come up during negotiations. Stay tuned…

Education-Related Bills with Action This Week

A Conference Committee has been appointed for HB 64: Government Transparency Act of 2021. This bill requires local boards of education (as well as counties, municipalities, community colleges, State agencies, etc.) to not only maintain the date and general description of the reasons for each promotion, but also for each demotion, transfer, suspension, separation, or dismissal. An employee can appeal to not have the date and description of their promotion, demotion, etc. disclosed if the information is protected by an applicable confidentiality law, like the Health Insurance Portability and Accountability Act (HIPAA) or the American with Disabilities Act. We urge school board members and superintendents to contact conferees with concerns about HB 64. Click here for an official bill summary.

The House voted 108-6 to adopt the Conference Committee Report for HB 84: Sex Offender Premises Restrictions (primary sponsors: Representatives Harry Warren, R-Rowan; Allen McNeill, R-Randolph; Dennis Riddell, R-Alamance; Sarah Stevens, R-Surry), which does the following:

• Extends premise restrictions for sex offenders to include those convicted of sexual exploitation of a minor
• Clarifies that a registered sex offender is prohibited from knowingly residing within 1,000 feet of any property line on which a school or childcare center is located (language from SB 52)

The next step is Senate approval of the HB 84 Conference Committee Report, then it will be sent to the Governor.

NCSBA has created a chart tracking local school boards’ policies/resolutions on school mask requirements. Click here to access the chart. As your school district finalizes its plans for this upcoming school year, please email information to Richard Bostic at rbostic@ncsba.org, as well as any corrections to the chart.

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

House Education Budget

The headliner from the General Assembly this week comes from the lower chamber. On Thursday, the House publicly released part of its State budget proposal. We will have to wait until Monday to learn about salary increases and some other big-ticket items. However, the House Education Appropriations Committee released 233 pages of education provisions. The following are some of the provisions that the Committee voted to approve:

• Allow LEAs to offer virtual instruction
• Provide a bit of flexibility for single-track year-round schools
• Increase funding for broadband access for K-12 schools
• Create a new Public School Building Repair and Renovation Fund that provides $500,000 annually to each county

Pretty good, right? Unfortunately, there are plenty of bad provisions as well. We have provided brief summaries for the good, the bad, and the ugly. More than a dozen of the provisions come from bills that we have previously written about.

As for the rest of the budget timeline, the House will release its full budget on Monday, August 9. The House Finance Committee will be reviewing the budget on Monday, and the full House Appropriations Committee plans to hold an all-day meeting on Tuesday. Floor votes are expected next Wednesday and Thursday. Then negotiations on a House/Senate budget compromise will begin in earnest. The Governor could possibly receive a budget around Labor Day.

Be sure to contact your House member and let them know which provisions you support and which ones are cause for concern. In our summary that is linked below, we put an * next to the provisions that we believe could have a negative impact on.

• Click here for NCSBA’s summaries of many of the House budget education provisions
• Click here for the House budget education provisions
• Click here for the House budget education money report
• Click here for an article on the House budget education provisions

Education-Related Bills with Action This Week

Statewide Bills

HB 729: Charter Schools Omnibus (primary sponsors: Representatives Larry Yarborough, R-Person; Jon Hardister, R-Guilford; John Bradford, R-Mecklenburg; Mark Brody, R-Union) was modified and approved by the Senate Education/Higher Education Committee and then approved by the Senate Rules Committee. NCSBA had several concerns with this bill, and we worked very closely with the NC Association of County Commissioners to have it amended. Ultimately, three of the four sections were removed, including a section that would authorize counties to provide capital funds to charter schools.

House conferees were appointed for HB 64: Government Transparency Act of 2021, but we are still waiting for Senate conferees to be named. This bill requires local boards of education (as well as counties, municipalities, community colleges, State agencies, etc.) to not only maintain the date and general description of the reasons for each promotion, but also for each demotion, transfer, suspension, separation, or dismissal. An employee can appeal to not have the date and description of their promotion, demotion, etc. disclosed if the information is protected by an applicable confidentiality law, like the Health Insurance Portability and Accountability Act (HIPAA) or the American with Disabilities Act. We urge school board members and superintendents to contact House conferees with concerns about HB 64. Click here for an official bill summary.

HB 96: Allow Pharmacists to Admin. Injectable Drugs (primary sponsors: Representatives Wayne Sasser, R-Stanly; Mitchell Setzer, R-Catawba; Donna White, R-Johnston; Gale Adcock, D-Wake) passed the Senate, concurred in the House, and will be sent to the Governor. This bill includes a section that requires parental consent for children to receive vaccines granted emergency use authorization and not fully approved by the U.S. Food and Drug Administration.

Local Bill

HB 244: Lincoln Co. Bd. of Ed./Partisan Election (primary sponsor: Representative Jason Saine, R-Lincoln) passed the Senate and was ratified into SL 2021-99. This bill changes the election method for the Lincoln County Board of Education from nonpartisan to partisan.

NCSBA has created a chart tracking local school boards’ policies/resolutions on school mask requirements. Click here to access the chart. As your school district finalizes its plans for this upcoming school year, please email information to Richard Bostic at rbostic@ncsba.org, as well as any corrections to the chart.

The Board met for its monthly meeting this week and heard presentations on the following:

• DHHS COVID-19 update
• Read to Achieve contract and policy amendment
• ESSER III plan update
• Draft NC Standard Course of Study Procedures Manual

DHHS COVID-19 update: The Board was presented with COVID-19 data trends, which show that cases are rapidly increasing, the number of people being hospitalized has doubled since July 9, and the Delta variant is the most common variant in NC. Key changes to the StrongSchoolsNC Public Health Toolkit were also presented:

• Strongly advises all K-12 schools to require all students and staff to wear masks, regardless of vaccination status
• Says that students do not need to quarantine if exposed as a close contact in K-12 settings if (i) both students consistently and correctly wore face masks at the time of exposure and (ii) other K-12 prevention strategies were in place
  • This does not apply to teachers, staff, or other adults
• Removes numerous requirements, including:
  • Conduct daily symptom screening
  • Provide remote learning options for students unable to be at school due to illness or exposure
• Adds information on offering and promoting the COVID-19 vaccine

The Board voted 9-2 to approve the revised Toolkit. Jill Camnitz and James Ford were the two
“no” votes, with Ford explaining that he cannot approve the Toolkit because it does not require masks in schools.

Read to Achieve contract and policy amendments: The Board was presented with amendments to its Read to Achieve (RtA) policy, based on SB 387: Excellent Public Schools Act of 2021/SL 2021-8. The policy amendments provide a RtA implementation guide for school districts, including a science of reading overview, educator preparation and professional development, and literacy curriculum and instruction. The Board approved sections I, II, III, and IX of the implementation guide, which can be found in this document. The remaining sections will be presented for approval as they are developed. The Board was also presented with a three-year $49.7 million contract with Voyager Sopris Learning, Inc., to provide Language Essentials for Teachers of Reading and Spelling (LETRS) training to teachers. Since the contract process is not yet complete, the Board will have a called meeting to approve the contract.

ESSER III plan update: The Board was presented with an update on the State’s Elementary and Secondary School Emergency Relief III (ESSER III) plan that was submitted to the U.S. Department of Education (Department) in June. As a reminder, NC has received two-thirds of its $3.6 billion in ESSER III funds, with the last third being subject to an application process. Since the State’s first submission of its ESSER III plan, it has received two sets of feedback from the Department about necessary revisions to the plan. Click here to read about DPI’s revisions and next steps. DPI staff stated that NC is not an outlier in this approval process, as only 17 states have received the Department’s approval so far.

Draft NC Standard Course of Study Procedures Manual: At July’s Board meeting, State Superintendent Catherine Truitt expressed concern about the development of the NC Standard Course of Study (NCSCOS) and told the Board that she would present proposed changes to the process at this month’s meeting. The Board was presented with a historical overview of the Procedures Manual used to develop the NCSCOS, an update on the draft Manual, and issues with the Manual. Board members agreed that many school districts lack substantial resources needed to create curricula from the NCSCOS. Superintendent Truitt recommended that until there are equitable resources in districts, DPI should help districts understand how to develop curricula and provide optional materials. Following Board discussion, the Board approved DPI’s request to complete the draft Manual that will ensure consistent, coherent, and equitable standards for teachers.

Click here for an article on the meeting.

Click here to access all meeting materials.

This week the U.S. Department of Education released its Return to School Roadmap, which supports the safe, healthy return of students to in-person learning this fall.

• A fact sheet for schools, families, and communities that reviews the Return to School Roadmap priorities
• A guide for schools and districts that outlines what schools can do to protect the health and safety of students
• A checklist that parents can use to prepare themselves and their children for a safe return to in-person learning this fall

Monday, August 9

2:30 pm – House Finance – Legislative Offices Building, rm 643 (live stream)

• SB 105: 2021 Appropriations Act

Tuesday, August 10

9:00 am – House Appropriations – Legislative Offices Building, rm 643 (live stream)

• SB 105: 2021 Appropriations Act (Chair anticipates to be added)

Wednesday, August 11

8:30 am – House Pensions and Retirement – Legislative Offices Building, rm 415 (live stream)

• SB 105: 2021 Appropriations Act (Chair anticipates to be added)

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

On Tuesday, the CDC updated its mask recommendations for schools: “CDC recommends universal indoor masking for all teachers, staff, students, and visitors to schools, regardless of vaccination status. Children should return to full-time in-person learning in the fall with proper prevention strategies in place.” This updated guidance comes as North Carolina and the country see a rise in COVID-19 cases due to the Delta variant.

DHHS updated its StrongSchoolsNC Toolkit to align with the new CDC guidance. The Toolkit now says that K-12 schools should require all students and staff to wear masks consistently when indoors, regardless of vaccination status.

Governor Cooper’s executive order that includes a statewide school mask mandate expires today, meaning that local school boards will decide mask requirements for their districts. During a Thursday press conference, the Governor strongly recommended that local school districts consider the updated CDC and DHHS guidance, as well as statewide data showing an increase in COVID-19 cases, when deciding on mask requirements. Click here for an article on the updated school mask guidance.

NCSBA has created a chart tracking local school boards’ policies/resolutions on school mask requirements. Click here to access the chart. As your school district finalizes its plans for this upcoming school year, please email information to Richard Bostic at rbostic@ncsba.org, as well as any corrections to the chart.

The legislature will resume voting sessions and committee meetings next week. (This week the Senate did not hold any voting session and the House held one voting session on Monday night.) As of 11:00 am on Friday, July 30, no education-related meetings were scheduled.

Additional Education-Related Meeting

The State Board of Education will have its monthly meeting on Wednesday, August 4, and Thursday, August 5.

• Meeting agenda
• Meeting live stream

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

On Wednesday, DHHS updated the StrongSchoolsNC Toolkit based on updated CDC guidance and guidance from the American Academy of Pediatrics. The following are updated mask recommendations for NC K-12 schools:

• Elementary and middle schools should require all students and staff to wear masks indoors
• High schools should require all unvaccinated students and staff to wear masks indoors

Additionally, Governor Roy Cooper announced that Executive Order 220, which requires masks to be worn in schools, will expire at the end of July. This means that mask requirements in schools will now be decided by local school boards. It is unclear what impact the updated DHHS guidance and the expiring of E.O. 220 will have on SB 173: Free the Smiles Act, which, if passed, would require local school boards that have adopted a mask mandate policy to vote at least once a month on whether to repeal or modify the policy. (As a reminder, only people age 12 and older can currently receive the COVID-19 vaccine.)

The Toolkit still recommends requiring everyone on school buses to wear a mask. In addition to the modified mask guidance, the Toolkit is now organized into categories that prioritize the implementation of strategies proven to be most effective in lowering the risk of COVID-19 exposure and spread. Click here for an article on the updated DHHS guidance.

• Updated StrongSchoolsNC Toolkit
• Summary of recent changes to the Toolkit
• Vaccine Operational Guidance for Schools

Athletics Bill

On Wednesday, a new public school athletics bill, HB 91: Accountability and Fair Play in Athletics, was approved by the Senate Education/Higher Education Committee. The bill, as presented, would have allowed home school students to participate in athletics at the student’s base school. But prior to the Committee vote, an amendment was adopted that replaced that provision with a study on the implications of home school students’ participation in interscholastic athletics. We would like to thank school board members and superintendents who contacted Senate Education Committee members with concerns about this provision. Your efforts played a role in making this substantial change to HB 91. We would also like to thank Senators Todd Johnson, Tom McInnis, and Vickie Sawyer for bringing forth the amendment.

HB 91 was also approved by the Senate Finance Committee, following the removal of a section that allowed needs-based public school capital fund grants to be used for athletic facilities. The main objective of HB 91 is to replace the NC High School Athletic Association (NCHSAA) with a new 17-member NC Interscholastic Athletic Commission. Bill presenters explained that they have been investigating NCHSAA for 22 months, including two meetings of the Joint Legislative Committee on Governmental Operations Subcommittee on Interscholastic Athletics earlier this year. These meetings included questioning of NCHSAA Commissioner Que Tucker on the Association’s total assets of more than $40 million and its service to its member schools. Click here for an article on the bill, Committee discussion, and the NCHSAA’s response. Click here for an official bill summary.

Parental Consent for Vaccines

Last week we reported on a potential conference committee report for SB 173: Free the Smiles Act, that would add a section requiring parental consent for children to receive vaccines granted emergency use authorization and not fully approved by the U.S. Food and Drug Administration. That section has been added to HB 96: Allow Pharmacists to Admin. Injectable Drugs (primary sponsors: Representatives Wayne Sasser, R-Stanly; Mitchell Setzer, R-Catawba; Donna White, R-Johnston; Gale Adcock, D-Wake), which was approved by two Senate committees this week.

Nondiscrimination in Schools Bill

According to a news source, Senate Leader Phil Berger said that HB 324: Ensuring Dignity & Nondiscrimination/Schools will be heard in the Senate Education/Higher Education Committee in the first week of August. As a reminder, many Republican legislators who oppose Critical Race Theory say that HB 324 would prevent indoctrination in schools, while some Democratic legislators say that it would lead to censorship and limited student engagement when learning about U.S. history. Click here for a previous Legislative Update that includes a summary of the bill and legislator discussion (under Senate Education/Higher Education Committee Meeting).

Local Bill

HB 244: Lincoln Co. Bd. of Ed./Partisan Election (primary sponsor: Representative Jason Saine, R-Lincoln) was approved by the Senate Rules Committee and will be scheduled for a Senate floor vote.

Bill Chart

Click here for a chart of all education-related bills that NCBSA is tracking.

In the Teachers’ and State Employees’ Retirement System (TSERS) Association Roundtable meeting today, State Treasurer staff asked NCSBA to remind LEAs of their responsibility to report the hiring of certain retirees for their summer school programs to TSERS. Section 1.3 of HB 82: Summer Learning Choice for NC Families permits TSERS retirees to have only one month separation of service, rather than six months, if employed in a “school extension learning recovery and enrichment program”. However, LEAs must certify to TSERS that a beneficiary is employed in this capacity by the local board of education. If TSERS is not notified and they find a retiree working before the six-month separation of service period ends, that retiree could have their retirement benefits suspended. Although this has not happened yet, State Treasurer staff wanted to bring this to the attention of LEAs.

The Senate will not hold any voting sessions next week and the House will only hold voting sessions on Monday and Tuesday. This is due to a number of legislators attending the annual meeting of the American Legislative Exchange Council on July 28-30. This three-day absence of the House comes as we continue to wait for the release of its proposed budget, which House Speaker Tim Moore said we may not see until the second week of August.

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

Senator Berger Press Conference

On Wednesday, Senate Leader Phil Berger, R-Rockingham, held a press conference addressing discrimination and indoctrination in school curriculum. He voiced opposition to critical race theory and called for a State constitutional amendment to be placed on the 2022 primary ballot that reaffirms the State’s commitment to the 1964 Civil Rights Act. The Senate leader stated that he believes the “theology” of critical race theory is becoming more prevalent in the State and noted the importance of the Lieutenant Governor’s F.A.C.T.S. Task Force (Fairness and Accountability in the Classroom for Teachers and Students), which allows “the voices of concerned citizens to be heard regarding public K-12 education in North Carolina.”

Senate Education/Higher Education Committee Meeting

Much of what Senator Berger stated in his press conference was echoed in his presentation of HB 324: Ensuring Dignity & Nondiscrimination/Schools to the Senate Education/Higher Education Committee. The Senate’s proposed committee substitute (PCS) of the bill was presented for discussion only. The PCS modifies the definition of promote as “compelling students, teachers, administrators, or other school employees to affirm…the concepts described” and provides six additional concepts that are prohibited from being promoted in public schools. The list of prohibited concepts now totals 13 and includes:

• One race or sex is inherently superior to another race or sex
• An individual should feel guilt because of his/her race or sex and responsibility for past actions of members of his/her race or sex
• The U.S. was created for the purpose of oppressing members of a race or sex
• Rule of law does not exist, but instead a series of power struggles among racial or other groups

The PCS also requires public school units (PSUs) to notify DPI and post to their website information about:

• Instruction regarding the concepts
• Contracting with or hiring of speakers or trainers for the purpose of discussing the concepts or who have advocated for the concepts

Senator Berger emphasized that teachers are still allowed to discuss and explore the concepts but are prohibited from promoting the concepts. Lieutenant Governor Mark Robinson voiced his support for the bill to the Committee and said that his F.A.C.T.S. Task Force will be releasing some of its findings of indoctrination in K-12 public school classrooms within the next week. Committee discussion mostly consisted of Democrats questioning the reason for the bill, how the bill will be applied in classrooms, and voicing concerns that the bill would lead to censorship and limited student engagement when learning about the country’s history. It was not clear when HB 324 will be brought back before the Committee for a vote, but Senator Berger said that he does not expect it to happen in the next week. Click here for an article on Senate PCS changes to HB 324 and Committee discussion.

School Masks Bill

A Conference Committee was appointed for SB 173: Free the Smiles Act, which allows local school boards to determine the use of face masks for the 2021-2022 school year. It also permits the Governor to require masks for individual schools to reduce the transmission of COVID-19 but does not permit a statewide mask mandate for all schools.

NCSBA has been notified of a potential conference committee report to SB 173 that would add a section requiring parental consent for children to receive vaccines granted emergency use authorization and not fully approved by the U.S. Food and Drug Administration. (This report has not yet been publicly presented.) A specific concern to note about SB 173 is the short amount of time that local school boards could have to adhere to the requirement to vote on policy requiring mandatory masks in schools no later than August 1, 2021.

House Budget

According to a news source, House Speaker Tim Moore, R-Cleveland, said that the House budget proposal is taking longer than expected. The House is hoping to release its proposal by the end of the month, but we might not see it until the first week of August. Speaker Moore references “a lot of money, and a lot of needs” as a reason for the delay, referring to federal COVID-19 funds and numerous project requests.

Public Meetings Bill

HB 812: Clarify Remote Meetings During Emergencies/SL 2021-35 (primary sponsors: Representatives Dean Arp, R-Union; Bobby Hanig, R-Currituck; Erin Pare, R-Wake; William Richardson, D-Cumberland) took effect on July 1, and we wanted to provide our members with an informative analysis by the UNC School of Government on how remote meeting laws will change when the statewide state of emergency is lifted.

Additional Bills in Conference

A Conference Committee was appointed for SB 450: Various Education Changes (primary sponsors: Senators Michael Lee, R-New Hanover; Deanna Ballard, R-Watauga; Lisa Barnes, R-Nash), which requires the SBE to study the installation of carbon monoxide alarms and detection systems in existing public school buildings. The bill also includes provisions affecting charter and private schools.

A Conference Committee was appointed for HB 84: Sex Offender Premises Restrictions (primary sponsors: Representatives Harry Warren, R-Rowan; Allen McNeill, R-Randolph; Dennis Riddell, R-Alamance; Sarah Stevens, R-Surry), which extends premise restrictions for sex offenders to include those convicted of sexual exploitation of a minor.

Bill Chart

Click here for a chart of all education-related bills that NCBSA is tracking.

Revisions to State Spending Plan

The US Department of Education told NC that it needs to revise its spending plan for federal Elementary and Secondary School Emergency Relief III (ESSER III) funds. DPI received an email explaining the 10 revisions needed for the State to receive its remaining ESSER III funding. Click here for an article that includes a copy of the email.

FAQ for Full-Service Community Schools

The US Department of Education released a FAQ for using ESSER III funds to support full-service community schools and related strategies. Click here for the FAQ and click here for the ESSER III resources webpage.

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

The SBE met for its monthly meeting on Thursday and heard presentations on the following:

• K-12 social studies 6-12 unpacking documents
• DHHS COVID-19 update
• ESSER III budget comparison
• Summer learning update

K-12 social studies 6-12 unpacking documents: The Board voted 6-5 to approve the K-12 social studies unpacking documents for grades 6-12, which enhance teacher understanding of how to engage students with the standards. This follows the Board’s approval of other K-12 social studies supporting documents last month, and the vote was again split along party lines. Although this was the Board’s last step in a process that has taken several years, the results of a recent report from the Fordham Institute proved to be cause for concern to State Superintendent Catherine Truitt. According to the national report by the conservative-leaning education think tank, NC received an “Inadequate” overall rating for its civics and US history courses. DPI staff explained that NC has continually received low scores on this report because the State’s social studies standards are conceptual (meaning they are general/broad concepts rather than specific standards/statements of essential knowledge), and the Institute does not review the State’s supporting documents along with the standards.

Although the approved social studies standards will go into effect in the 2021-2022 school year, Board Chair Eric Davis stated that in August the Superintendent will present the Board with proposed changes of how to develop social studies standards, which could lead to revisions of the current standards. Click here for an article of this discussion. The following are links to each 6-12 unpacking document:

• 6^th grade
• 7^th grade
• 8^th grade
• Founding Principles of the US and NC: Civic Literacy
• World History
• American History
• Economics and Personal Finance

DHHS COVID-19 update: DHHS staff reported that at least 25% of children ages 12-17 have gotten at least one dose of the COVID-19 vaccine. This vaccination rate, the ABC Science Collaborative’s report on the effectiveness of masking in schools, and updated CDC guidance are new factors that DHHS staff is considering as they revise the StrongSchoolsNC Toolkit. Board members were also presented with information about a COVID-19 screening testing program for K-12 schools. The federally funded program allows for screening testing, as well as temporary staffing support like registered nurses or other clinical personnel. School districts that want to opt-in to the program for the 2021-2022 school year must complete the opt-in form by September 13. The opt-in form and guidance on testing responsibilities will be released this month and distributed to superintendents and school health administrators. For more information on the testing program, see slides 11-15 of this presentation.

ESSER III budget comparison: The Board was presented with budget comparison charts of the federal Elementary and Secondary School Emergency Relief III (ESSER III) funding 10% DPI reserve. Click here to view the charts on slides 9-11 that compare DPI/SBE’s budget recommendations with the House and Senate’s distribution plans.

Summer learning update: The Board received a presentation on the implementation of HB 82: Summer Learning Choice for NC Families/SL 2021-7 that includes notable findings on slides 3-6 of this presentation.

Click here to access all meeting materials.

The legislature took a holiday break this week and will resume session and committee meetings next week.

Education Bills Signed into Law

SB 668: Anti-Pension Spiking Amds & Litig. Moratorium (primary sponsor: Senator Jim Burgin, R-Harnett) was signed into SL 2021-72. This bill does the following:

• Adds another payment option: 12 years with no early pay-off penalty
• In certain situations, two or more employers will share the liability
• Creates a working group consisting of NCSBA, the State Treasurer’s office, and other organizations to develop recommendations to the General Assembly that will reduce the number of pension spiking cases and lawsuits
• Requires a pause on pension-spiking litigation until June 30, 2022, during which the working group will create its recommendations
  • As a result of this pause, the statute of limitations will be extended
  • During this pause, the Treasurer’s office is not allowed to intercept funds that would have otherwise been directed to a LEA

Click here for an official bill summary.

HB 335: Timely Local Payments to Charter Schools (primary sponsors: Representatives John Bradford, R-Mecklenburg; Dennis Riddell, R-Alamance; Jon Hardister, R-Guilford; Jason Saine, R-Lincoln) was signed into SL 2021-79. This bill does the following:

• Requires the 30-day clock for a LEA to submit payment to a charter school to begin after the LEA is in receipt of both a charter school invoice and the monies from the county into the local current expense fund (originally the 30-day clock started after the LEA received a charter school invoice)
• Requires a LEA to submit payment to a charter school for the undisputed amount within the 30-day period
• Requires a LEA to pay a 3%late fee and 8% annual interest if the following occur:

• • A charter school provides written notice to the LEA’s superintendent and school finance officer after the 30-day period stating that the payment was not received
  • Electronic payment is not transferred within 15 days of that notice, or if mailed, not postmarked within 15 days of that notice (originally the bill included an 8% late fee on day 31)
  • If a LEA disputes payment for any student whose information submitted by a charter school is incorrect, late fees and interest are not applied to the payment for that student
• Requires the State Superintendent, in consultation with LEAs and charter schools, to create:
  • A standardized enrollment verification and transfer request document used by charter schools to request the per pupil share of the local current expense fund
  • A standardized procedure that LEAs must use when transferring the per pupil share of the local current expense fund

Click here for an official bill summary.

HB 602: UNC Legislative Priorities/HR/Reports (primary sponsors: Representatives Jon Hardister, R-Guilford; Ray Pickett, R-Watauga; Dean Arp, R-Union; Kandie Smith, D-Pitt) was signed into SL 2021-80. Section 2.4 requires reporting by the Community Colleges System on the UNC-NCCCS 2+2 E-Learning Initiative, including the total number of teachers in each LEA that have taken part in the Initiative and qualitative data on the Initiative’s impact on students, teachers, and personnel. Click here for an official bill summary.

Bill Chart

Click here for a chart of all education-related bills that NCBSA is tracking.

This morning the Centers for Disease Control and Prevention (CDC) released updated guidance for K-12 schools to safely return to in-person learning for the 2021-2022 school year. Although COVID-19 vaccinations are available for children ages 12-17, most students will be unvaccinated, and the updated guidance emphasizes the importance of mask-wearing in schools for students and staff who are not fully vaccinated. The CDC continues to recommend using layered prevention strategies (physical distancing, screening testing, etc.)  and local monitoring of transmission, vaccinations, testing, and outbreaks to guide decision-making.

This week the US Department of Education announced $600 million in additional American Rescue Plan funding for students experiencing homelessness. Click here for the press release and click here for grant information, including the application.

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

School Masks Bill

SB 173: Free the Smiles Act, which was gutted and rewritten by the House, failed concurrence in the Senate, and a conference committee will likely be appointed. This bill allows local school boards to determine the use of face masks for the 2021-2022 school year. It also permits the Governor to require masks for individual schools to reduce the transmission of COVID-19 but does not permit a statewide mask mandate for all schools. Before the concurrence vote failed on the Senate floor, Senator Joyce Krawiec, R-Forsyth, indicated that the Senate is not opposed to the bill but would like to make some changes before sending it to the Governor. It is unclear what those changes are. Additionally, this week the ABC Science Collaborative released reports on COVID-19 transmission and the use of masks in schools. For more information on those reports, see that section below. Click here for an official bill summary.

House Budget

The House Appropriations Committee on Education met on Tuesday and Wednesday to discuss the Senate budget’s education sections. Committee members and guests expressed concerns about various issues, including needing higher teacher pay, improving educator preparation programs (EPPs), enforcing that each LEA employ a school psychologist, providing additional resources for low-income schools, and increasing noncertified school personnel pay to $15/hour. Additionally, Bruce Mildwurf, NCSBA Director of Governmental Relations, shared NCSBA’s thoughts on the Senate budget, including:

• The lack of school construction funds
• The need to increase the number of K-3 teacher assistants (TAs), at least until students recover from learning loss due to COVID-19
• Support for the average daily membership (ADM) hold harmless and ADM reserve
• Support for phasing out the Innovative School District (ISD)

Committee Chair Representative John Torbett, R-Gaston, stated that the House will do a lot of work on the budget during the weeks of July 12^th and 19^th, following the legislature’s break for July 4^th next week. We are fairly confident that there will not be a budget sent to the Governor until at least August.

The push for grade level reading by the end of third grade has made increasing the number of TAs in early grades a top priority for local school boards during this legislative session. Taking into account the COVID-19 pandemic, rising second graders have not yet spent a full year in a school building. If this is a top priority for your district, we urge you to contact your House members by July 15^th.

Additional Education-Related Bills with Action This Week

HB 159: Education Law Changes (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke) was modified and approved by the Senate Finance Committee and referred to the Senate Appropriations/Base Budget Committee. The new version of the bill deletes the section on school nutrition programs’ operating balance and replaces it with a report on school nutrition programs. Senator Michael Lee, R-New Hanover, sponsored the amendment and said that he felt more information was needed on the funds, balances, costs, etc. of school nutrition programs before the Senate agrees to such a controversial change. During a prior committee meeting, NCSBA requested that the section be removed from the bill and referred to it as an unfunded mandate. Even though the section was removed, DPI and other advocacy groups are determined to have the section put back into the bill, meaning that the issue is far from over. HB 159 still has a few more committees to go through, as well as a Senate floor vote and a concurrence vote in the House.

HB 159 also does the following:

• Allows LEAs to use a payroll deduction plan to pay eligible school personnel in 12 monthly installments
• Requires the State Board of Education to follow the rulemaking process (G.S.150B) when adopting course standards

Click here for an official bill summary.

SB 693: Expedite Child Safety and Permanency (primary sponsors: Senators Steve Jarvis, R-Davidson; Joyce Krawiec, R-Forsyth; Chuck Edwards, R-Henderson) was modified and approved by the House Judiciary 1 Committee and referred to the House Health Committee. Section 6 was added to the bill and requires public schools to provide students in grades 6-12 with information and resources on child abuse and neglect, including sexual abuse. The information and resources must be distributed to students in a document at the beginning of each school year, displayed on a poster, and include warning signs of abuse and how to report it. The bill does not appropriate funds for this mandate. This new section of SB 693 incorporates language from HB 205, which passed the House 119-0. Click here for an official bill summary.

SB 450: Various Education Changes (primary sponsors: Senators Michael Lee, R-New Hanover; Deanna Ballard, R-Watauga; Lisa Barnes, R-Nash) failed concurrence in the Senate, and a conference committee will likely be appointed. This bill requires the SBE to study the installation of carbon monoxide alarms and detection systems in existing public school buildings and includes additional provisions affecting nonpublic and charter schools. Click here for an official bill summary.

HB 812: Clarify Remote Meetings During Emergencies/SL 2021-35 (primary sponsors: Representatives Dean Arp, R-Union; Bobby Hanig, R-Currituck; Erin Pare, R-Wake; William Richardson, D-Cumberland) took effect on July 1, and we wanted to provide our members with an informative summary of the remote meeting law changes published by the UNC School of Government.

Bill Chart

Click here for a chart of all education-related bills that NCBSA is tracking.

This week the ABC Science Collaborative released two reports regarding the transmission of COVID-19 in NC’s public schools. One report focuses solely on NC data and the other report includes data from multiple states. Findings and data analysis include:

• Plan A – full in-person instruction – is appropriate for all grades in all schools when masking is in place.
• Masking is adequate to prevent within-school COVID-19 transmission, with no difference between schools requiring greater than 3 feet of distance between students compared to those requiring less than 3 feet. Distance did not predict infection.
• Full-capacity bus transportation is appropriate, with up to three masked students per bus seat.
• The State should consider eliminating quarantine for those appropriately masked or vaccinated.
• Athletics, although safe in NC schools this past year, likely has a higher secondary attack rate than the within-classroom environment.

SB 220: The Reopen Our Schools Act of 2021/SL 2021-4 requires local school boards to partner with the Collaborative for the collection and analysis of this data. The release of these reports came on the same day that the Senate voted to not concur with a bill modified by the House that would allow local school boards to determine the use of face masks for the upcoming school year (SB 173).

Eligible schools can apply for financial support between June 29 and August 13 to purchase much needed devices like laptops, tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity. This is part of the Federal Communications Commission’s (FCC) $7.17 billion Emergency Connectivity Fund that aims to serve unmet needs for off-campus use by students and school staff during the COVID-19 pandemic.

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The Governor’s Commission on Access to Sound Basic Education met on Tuesday for the first time since January 2020. The Commission was created in July 2017 and consists of 19 members appointed by the Governor to develop recommendations on how the State can meet its constitutional obligation of providing every student access to a sound basic education. As a reminder of the work done on the Leandro case in recent years, see the timeline below.

The meeting consisted of:

• A presentation on the Leandro Comprehensive Remedial Plan (Plan) that was submitted by the State Board of Education (SBE) and DPI (summary)
• Notice of the June 2021 court order calling for the implementation of the Plan
• A presentation from DPI on its current work and future goals of supporting low-performing schools and districts
• A presentation from DHHS on early childhood interventions
• A presentation on the Leandro impact analysis tool, which shows how the Plan will benefit each school district

Implementation of the Plan relies on action by the General Assembly, which was a point of discussion during the meeting. Commission members expressed interest in having a tracking system or dashboard that shows the progression of how the Plan’s recommendations are being implemented, which DPI staff confirmed is a current project of the SBE. Geoff Coltrane, Governor Cooper’s Senior Education Advisor, explained where the State is in addressing the Plan’s recommendations, including Teaching Fellows expansion, advanced teaching roles expansion, new principal preparation programs, school administrator preparation standards, assistance for low-performing schools and districts, and HB 946, which would fully implement the Plan’s legislative actions for the next two years. During the presentation on the Leandro impact analysis tool, this chart was shared to compare the Plan’s cost tables with appropriations in the Senate budget. While Republican leadership in the General Assembly has insisted that because of the constitutional separation of powers clause, the court cannot compel the legislature on how to spend State money, Senate education leaders say that several of their budget provisions address Leandro.

When asked what the current purpose of the Commission is, since it already released its recommendations in January 2020, Commission Chair Brad Wilson suggested that the Commission take on the role of advocating for the Plan’s recommendations and providing information on the Plan to local school districts. Although a future meeting date was not announced, Wilson told members to expect to meet again soon. Click here for the Commission’s webpage and click here for the meeting materials. Click here for an article on the meeting.

The legislature will not be meeting in committee or session next week.

Additional Education-Related Meeting

The State Board of Education has its monthly meeting on Thursday, July 8. (live stream)

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org

Senate Budget

We have reached another milestone in the State budget process: The Senate passed its version of the budget. Before the 32-17 vote, numerous amendments proposed by Democrats were dismissed by Republicans. Proposed amendments included an increase in school personnel pay (including teachers) and provisions supporting teachers and principals. Click here for an article on the proposed amendments. We have provided summaries of Senate budget education provisions and appropriations below.

The total proposed General Fund allocation is:

• $25.7 billion in FY 2021-2022 (3.55% increase)
• $26.6 billion in FY 2022-2023 (3.65% increase)

For K-12 public education, the Senate budget appropriates:

• $10.4 billion in FY 2021-2022 (3.7% increase)
• $10.5 billion in FY 2022-2023 (0.9% increase)

Click here for summaries of Senate budget education provisions.

Click here for a summary of Senate budget education appropriations.

Click here for the Senate budget bill.

Click here for the Senate budget money report.

Click here for DPI’s Senate budget summary and money report comparison.

Click here for an article on education sections of the Senate budget.

Next, the House will share its version of the State budget, followed by the House and Senate working towards a budget compromise. This compromise might not occur until August, after which the Governor will either sign, veto, or take no action and let the budget automatically become law. In a quote from his official Twitter account, Governor Roy Cooper said “The Senate budget mortgages the future health and education of our people to the corporations and wealthiest among us ($13B tax cut). Just awful. A measly 1.5% raise for teachers next year after no raise last year? Thank goodness the budget process has a long way to go.”

Education-Related Bills with Action This Week

Statewide Bills

SB 582: High School Adjunct Instructors/CC Prep (primary sponsors: Senators Jim Burgin, R-Harnett; Kevin Corbin, R-Macon) was signed into SL 2021-48. This bill allows higher education faculty members to qualify as adjunct instructors for K-12 core academic subjects, fine and performing arts, and foreign language courses if they meet State Board of Education (SBE) criteria (currently can only teach K-12 core academic subjects). It also allows an individual who holds a bachelor’s or graduate degree, attends a community college or educator preparation program, and completes at least one semester of teacher preparation to contract with a LEA to teach high-school level courses related to the individual’s specialized knowledge or work experience. Click here for an official bill summary.

HB 335: Timely Local Payments to Charter Schools (primary sponsors: Representatives John Bradford, R-Mecklenburg; Dennis Riddell, R-Alamance; Jon Hardister, R-Guilford; Jason Saine, R-Lincoln) unanimously passed the Senate, the House concurred with Senate changes, and was sent to the Governor. This bill requires the 30-day clock for a LEA to submit payment to a charter school to begin after the LEA is in receipt of both a charter school invoice and the monies from the county into the local current expense fund (originally the 30-day clock started after the LEA received a charter school invoice). Before passing the Senate, the following amendment was adopted on the floor:

• Requires a LEA to pay a 3% (was 5%) late fee only if both of the following occur:
  • A charter school provides written notice to the LEA’s superintendent and school finance officer after the 30-day period stating that the payment was not received
  • Electronic payment is not transferred within 15 days of that notice, or if mailed, not postmarked within 15 days of that notice (originally the bill included an 8% late fee on day 31)

Additionally, HB 335 does the following:

• Requires a LEA to submit payment to a charter school for the undisputed amount within the 30-day period
• If a LEA disputes payment for any student whose information submitted by a charter school is incorrect, late fees or interest are not applied to the payment for that student
• If the late fee is triggered, requires interest to accrue at a rate of 8% annually until the payment is received by the charter school
• Requires the State Superintendent, in consultation with LEAs and charter schools, to create:
  • A standardized enrollment verification and transfer request document used by charter schools to request the per pupil share of the local current expense fund
  • A standardized procedure that LEAs must use when transferring the per pupil share of the local current expense fund

Click here for an official bill summary.

SB 668: Anti-Pension Spiking Amds & Litig. Moratorium (primary sponsor: Senator Jim Burgin, R-Harnett) unanimously concurred in the Senate and was sent to the Governor. This bill does the following:

• Adds another payment option: 12 years with no early pay-off penalty
• In certain situations, two or more employers will share the liability
• Creates a working group consisting of NCSBA and the State Treasurer’s office to develop recommendations to the General Assembly that will reduce the number of pension spiking cases and lawsuits
• Requires a pause on pension-spiking litigation until June 30, 2022, during which the working group will create its recommendations
  • As a result of this pause, the statute of limitations will be extended
  • During this pause, the Treasurer’s office is not allowed to intercept funds that would have otherwise been directed to a LEA

Click here for an official bill summary.

SB 173: Free the Smiles Act allows local school boards to determine the use of face masks for the 2021-2022 school year. It also permits the Governor to require masks for individual schools to reduce the transmission of COVID-19 but does not permit a statewide mask mandate for all schools. This bill originally dealt with an Occupational Therapy Interstate Compact but its contents were replaced in the House Education K-12 Committee and modified in the House Rules Committee. SB 173 passed the House 66-44 and was sent to the Senate for concurrence with House changes. Click here for an official bill summary.

SB 450: Various Education Changes (primary sponsors: Senators Michael Lee, R-New Hanover; Deanna Ballard, R-Watauga; Lisa Barnes, R-Nash) was modified and approved by the House Education K-12 Committee, approved by the House Rules Committee, passed the House 92-14, and was sent to the Senate for concurrence with House changes. This bill requires the SBE to study the installation of carbon monoxide alarms and detection systems in existing public school buildings, and includes additional provisions affecting nonpublic and charter schools. Click here for an official bill summary.

Local bill

SB 288: Rutherford College/Bd. of Ed. Burke/Caldwell (primary sponsor: Senator Warren Daniel, R-Burke) unanimously concurred in the Senate and became SL 2021-51. Click here for an official bill summary.

Bill Chart

Click here for a chart of all education-related bills that NCBSA is tracking.

Tuesday, June 29

8:30 am – House Appropriations, Education – Legislative Offices Building, rm 643 (live stream)

Additional Education-Related Meeting

Tuesday, June 29

1:00 pm – Commission on Access to Sound Basic Education – Department of Administration building, OSBM Commission Room 5010 (live stream)

• Meeting agenda and materials will be available here by Monday, June 28

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

Richard Bostic
Assistant Director of Governmental Relations
N.C. School Boards Association
rbostic@ncsba.org

Rebekah Howard
Governmental Relations Research Specialist
N.C. School Boards Association
rhoward@ncsba.org