Legislative Updates & Alerts

The light legislative week didn’t provide a respite from House members trying to move forward with an extremely controversial education bill. SB 90: Searches of Student’s Person was scheduled to be heard in the House K-12 Education Committee meeting on Wednesday, July 12.

Late Tuesday evening, House Education K-12 Committee members received an amended version of the bill. It went from a one part, two paragraph bill to 16 parts and 26 pages. Provisions include:

• Open enrollment – Districts would be forced to accept students from other districts. Charging tuition would be prohibited. In some cases, out of district students will be given priority in a school over students who live in the district.
• Requires termination or significant pay reduction of local superintendents if five parents obtain affidavits showing their fundamental right to parent was violated.

The bill was posted to the committee website, but it was never formally introduced. The bill was pulled from the committee’s agenda shortly before the meeting started. NCSBA has learned there are efforts to bring the bill back before the committee. The timing is unclear, but it could be as soon as next week. The GR team will stay on top of this issue and will keep you updated. Click here for an official summary of the amended bill.

Just like the waves on Wrightsville Beach, the gubernatorial vetoes keep rolling in this summer. The latest bill to get the Governor’s stamp of disapproval is HB 618: Charter School Review Board. The legislation moves the charter school approval process away from the State Board of Education to a Charter School Review Board, the majority of whose appointments are controlled by the legislature.

In his veto message, Governor Cooper said, “The North Carolina Constitution clearly gives the State Board of Education oversight authority for public schools, including charter schools. This bill is a legislative power grab that turns responsibility over to a commission of political friends and extremists appointed by Republican legislators, making it more likely that faulty or failing charter schools will be allowed to operate and shortchange their students.”

The House had initially planned to conduct veto override votes on Wednesday, July 12, pertaining to multiple bills, namely  HB 618: Charter School Review Board and HB 574: Fairness in Women’s Sports Act. However, these votes were subsequently removed from the House calendar and have been rescheduled for Wednesday, July 19. Additionally, the Governor’s veto of SB 49: Parents’ Bill of Rights still remains in the Committee on Rules and Operations of the Senate.

Throughout this legislative session, the Governor has vetoed a total of 13 bills. Out of these 13 bills, nine have undergone a veto override vote, with all of them being successfully overridden.

Statewide Education Bills Signed by Governor Since Last Week’s Update
HB 605: School Threat Assessment Teams (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Tricia Cotham, R-Mecklenburg)

• Established threat assessment teams in public school units (PSUs)
• Establishes peer-to-peer counseling in PSUs
• Clarifies that the Department of Public Instruction shall participate in the adoption of policies regarding placement and contents of school crisis kits in PSUs
• Expands law enforcement access from only traditional public schools to all PSUs
• Expands data collection requirements regarding school safety exercises from only traditional public schools to all PSUs
• Click here for an official bill summary

Statewide Education Bills Vetoed by Governor Since Last Week’s Update

HB 618: Charter School Review Board (primary sponsors: Representatives Tricia Cotham, R-Mecklenburg; Tim Moore, R-Cleveland; Destin Hall, R-Caldwell; David Willis, R-Union)

• Similar to section 7.39 in the House Budget
• Converts the Charter Schools Advisory Board into the Charter Schools Review Board
• Shifts authority to approve or deny charters from the State Board of Education to a legislatively controlled (8 of 11 appointments) Review Board with a right of appeal by an applicant, charter school, or the State Superintendent to the State Board of Education
• Changes the Superintendent of Public Instruction from a voting member to a nonvoting member
• Click here for an official bill summary

Statewide Education Bills Sent to Governor

HB 219: Charter School Omnibus Act (primary sponsors Representatives John Torbett, R-Gaston; John Bradford, R-Mecklenburg; David Willis, R-Union; and Jason Saine, R-Lincoln)

• House voted to concur 61-41 with Senate changes
• Prohibits any consideration of the impact to an LEA when deciding whether to grant, renew, amend, or terminate a charter
• Removes restrictions of student enrollment growth for charters that are not low-performing
• Allows SBE to consider whether a low-performing charter school can increase their enrollment greater than 20%
• Allows charter schools to admit out-of-state students and foreign exchange students if it is unable to meet its enrollment capacity with qualified in-state students
• Allows pre-lottery admissions to charters for (i) certain preschools with agreements with the charter and (ii) children of active-duty military
• Prohibits local boards of education from considering a student’s current or prior enrollment in a charter school in determining admissions or eligibility to any school or special program .
• Allows counties to appropriate funds for property taxes to fund charter school capital needs.
• Amended in the Senate to include:

• Establishes a pilot program to allow Central Park Schools for Children in Durham to expand the weighted lottery to include factors to assist educationally or economically disadvantaged students, including walk zones
• Provides for conforming changes if House Bill 618 – Charter School Review Board becomes law
• Removes a high school athletics provision that would have prohibited charter and private schools from competing in the 1A playoffs against traditional public schools

• Click here for the latest bill summary

Bills Passed By House Committees

SB 193: Career Development Plans (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover)

• Passed by Education K-12 Committee
• Requires middle and high school students to complete career development plans by the end of 7^th grade and revise those plans by the end of 10^th grade
• Requires DPI to study the creation of individual graduation plans for students
• Requires the State Board of Education to establish a pilot with at least 20 LEAs during the 2023-24 school year with a statewide rollout in 2024-25
• Click here for an official bill summary

In Governor Cooper’s veto message on SB 49: Parents Bill of Rights he said, “The rights of parents are well established within state law, so instead of burdening schools with their political culture wars, legislators should help them with better teacher pay and more investments in students.”

Regarding HB 574: Fairness In Women’s Sports Act, Governor Cooper’s veto message said, “We don’t need politicians inflaming their political culture wars by making broad, uninformed decisions about an extremely small number of vulnerable children that are already handled by a robust system that relies on parents, schools, and sports organizations.”

The Governor also vetoed HB 808: Gender Transition/Minors, which prohibits medical gender transition procedures from being performed on minors. Due to the Republican supermajorities in both chambers, all three vetoes are highly likely to be overridden. Two of the bills, HB 574 and HB 808 are already on the House calendar for Wednesday, July 12. SB 49 has been referred to the Committee on Rules and Operations of the Senate.

Statewide Education Bills Vetoed by Governor

SB 49: Parents’ Bill of Rights (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover; Lisa Barnes, R-Nash)

• Requires public school units (PSUs) to establish policies and provide information intended to promote parent involvement, strengthen parent participation, and improve student achievement
• Many new policies apply beginning with the 2023-24 school year. However, there are serious timing issues that NCSBA is working to address
  • By the time SB 49 becomes law, thousands of students across the state will have already started the 2023-24 school year
  • The State Board of Education must first address certain requirements – which has not yet happened – before PSUs can develop and adopt certain policies
• Enlists specific parental rights pertaining to their child’s education, health, privacy, and safety
• Establishes a process and timelines regarding parental access to information about books and other instructional materials
• Requires parental notification prior to changes in the name or pronoun used for a student in school records or by school personnel
• Instruction on gender identity, sexual activity, and sexuality is not permitted in the curriculum provided in kindergarten through fourth grade
• The final version passed in both chambers and addressed several concerns raised by NCSBA, including important technical changes and the exemption of security recordings on school transportation that would otherwise have been prohibited without parent consent
• Subject to veto override
• Click here for an official bill summary

HB 574: Fairness in Women’s Sports Act (primary sponsors: Representatives Jennifer Balkcom, R-Henderson; Karl Gillespie, R-Macon; Erin Pare, R-Wake; Kristen Baker, R-Cabarrus)

• Prohibits biological male students from playing on middle school, high school, or collegiate athletics teams designated for biological female students
• Recognizes a student’s sex solely based on the student’s reproductive biology and genetics at birth
• Creates a civil cause of action for students who are harmed as a result of a violation of the bill or who are retaliated against for reporting violations
• Creates a civil cause of action for public school units that suffer harm as a result of following the requirements of the bill
• Removes restrictions on females from participating in male sports
• Removes collegiate intramurals from sports teams subject to the bill
• Subject to veto override
• Click here for an official bill summary

State Board of Education Monthly Meeting

The State Board of Education met remotely Thursday.  The Board approved the following:

• Read to Achieve Policy Amendment
• Annual Update of Read to Achieve Implementation Guide (2023-2024)
• Seven New Charter Schools
• Repeal of SBE Policies related to the NC Innovative School District
• Financial and Business Services’ Manuals
• Award of Innovative Partnership Grants
• USDA Fresh Fruit and Vegetable Program Grant Funding Recommendations

Read to Achieve Policy Amendment:The State Board amended this policy to add students retained in first grade so that funds can be used for students who are retained in 1^st, 2^nd, or 3^rd grade and then retained again in 3^rd grade. For more information see presentation here.

Annual Update of Read to Achieve Implementation Guide (2023-2024):  The State Board approved the 2023-2024 Read to Achieve Implementation Guide. Specific sections of the Implementation Guide are updated annually. For changes see here and here. For updated 2023-24 Plan Guide approved see here.

Seven New Charter Schools:  The State Board of Education followed the Charter School Advisory Board’s recommendation to approve seven new charter schools to open this fall. For more information see here. These new charter schools are located in Wayne, Asheville, Mecklenburg, Chatham, and Rockingham Counties.

Repeal of SBE Policies related to the NC Innovative School District: The sunset date of June 30, 2023, for the statute that created this program prompted the repeal of policies related to the legislation. The Southside Ashpole School has transitioned back into the Robeson County School System.

Financial and Business Services’ Manuals:  The Board pre-approved these
manuals to allow DPI to incorporate legislative changes, distribute resources, and disseminate the manuals to schools in a timely manner.

Award of Innovative Partnership Grants: After a detailed competitive application process, 15 schools will receive discretionary federal funds available under federal law for schools identified as eligible for comprehensive support and improvement.  Schools can use some of the funds to partner with external groups for additional support. See here for the full report.

USDA Fresh Fruit and Vegetable Program Grant Funding Recommendations: The Board approved the distribution of the annual grant funding to all of the 262 elementary schools selected for participation in the FFVP for the 2023-24 school year. For a full list of elementary schools receiving the grant see here.

The Board also approved several items reviewed at the meeting last month as follows:

• Middle/High School Athletic Manual was revised to add mercy rules so schools can waive student eligibility requirements when needed.
• Update to Licensure Testing Requirements was approved to reflect vendor updates to ETS Praxis, clarify the pedagogy assessment for secondary licensure areas, and retire the Foundations of Reading Test 090 by July 31, 2023.
• Licensure Requirements for Service Members/Spouses were added to allow service members and their spouses to use an educator’s license from another state to teach while they are under military orders to be in North Carolina.
• Teacher Bonus Program 2021-2022 Fiscal Year Report to General Assembly was approved to provide information requested by the General Assembly on the effect of  the teacher bonus program on teacher performance and retention.
• Science Standards were approved to communicate what students are expected to know and be able to do by the end of each grade level or course.

This month, the Board also received reports on the following:

• Standard Course of Study Revision Update
• Outcomes for Central Carolina Teaching Initiative (CCTI)
• Paid Parental Leave

Standard Course of Study Revision Update:  DPI staff provided the monthly update on the progress of revising standards for K-12 Healthful Living, K-12 Arts, K-12 Guidance, and K-12 World Language standards. DPI reports it has released several stakeholder surveys on healthful living standards and continues to gather data regarding the American School Counselor Association Student Mindsets and Behaviors. For the presentation see here. For the 2023 Internal Procedures Manual on the North Carolina Standard Course of Study see here.

Outcomes for Central Carolina Teaching Initiative (CCTI):  In 2016, after issuing a request for proposals for school districts to initiate their own teacher preparation programs, one of two groups the SBE awarded the opportunity to was the Central Carolina Regional Education Service Alliance. This group of 16 member districts created Central Carolina Teaching Initiative (CCTI) to prepare teachers to meet the demand in subject-areas needed in the participating districts. The Education Policy Initiative at Carolina has issued this external evaluation of the program.  This grant has been retired and this is the final report. To read it, click here.

Paid Parental Leave: The Board reviewed draft temporary administrative rules and an amendment to the N.C. Public School Employees Benefit and Employment Policies to respond to legislation from the general assembly providing paid parental leave for state employees, including public school employees. For more information see here.  DPI staff indicated there will be a statewide webinar for all HR directors on July 10 which will include this information.

Education Bills Approved by House Committees

Education K-12

SB 49: Parents’ Bill of Rights (primary sponsors: Senators Amy Galey, R-Alamance; Michael Lee, R-New Hanover; Lisa Barnes, R-Nash)
SB 49 creates additional rights for parents regarding their child’s education and lists numerous existing rights. Below are a few of the provisions included in the 11-page bill.

• Establishes a process and timelines to address parental requests for information
• Establishes a process and timelines for a parent to share concerns about a procedure or practice, as well as a process for resolving those concerns
• Requires public school units (PSUs) to provide parents with a written annual parent’s guide for student achievement
• Requires PSUs to develop policies to increase parental involvement in schools
• Prohibits instruction on gender identity, sexual activity, or sexuality from being included in K-4 curriculum
• Requires school staff to notify parents prior to any changes in a student’s name or pronouns or if a student seeks mental health services, with some exceptions, such as the belief that disclosure could result in child abuse or neglect
• Along with technical changes, the House version exempts security recordings on school transportation from the prohibition on government recordings of minors without parental consent.

Next stop is the Committee on Rules, Calendar & Operations of the House. Click here for an official bill summary.

HB 686: Civil Rights Education (primary sponsors: Representatives Jon Hardister, R-Guilford; Hugh Blackwell, R-Burke; Amos Quick, D-Guilford)

• Provides comprehensive civil rights education to every student in middle and high school by requiring it to be included in the standard course of study
• Appropriates $250,000 to Department of Public Instruction for implementation [The House budget (HB 259, Third Ed.) includes a $350,000 one-time grant to the Clarence Henderson Education Foundation to develop and implement a program to teach public school students about NC’s Civil Rights history.]
• Next stop is House Appropriations Committee
• Click here for an official bill summary

Health

HB 852: The Rep. Becky Carney Cardiac Arrest Act (primary sponsors: Representatives Cynthia Ball, D-Wake; Timothy Reeder, R-Pitt; Donny Lambeth, R-Forsyth; Jeff Zenger, R-Forsyth)

• Requires the State Board of Education to adopt rules for the installation, use, and maintenance of automatic external defibrillators (AEDs) in public school units, including:

• At least 2 AEDs in each school
• Implementation of an appropriate training course

• Appropriates $9.2 million in nonrecurring federal ARPA funds to be allocated by DPI on a first-come, first-served basis for the 2023-24 fiscal year
• Next stop is House Appropriations Committee

Judiciary 2

HB 563: Regulate Hemp-Derived Consumables & Kratom (primary sponsors Jeffrey McNeeley R-Iredell; Wayne Sasser R-Stanly; Tricia Cotham R-Mecklenburg; Ken Fontenot R-Wilson)

• Requires governing bodies of public school units to adopt a written policy prohibiting the use of hemp-derived consumable products at all times on school property, including school sponsored events at another location when in the presence of students or school personnel.
• Effective when it becomes law and applies beginning with the 2023-2024 school year
• Click here for an official bill summary
• Next stop is House Appropriations Committee

Education Bills Approved by Senate Committees

Pensions and Retirement and Aging

HB 142: Protect Our Students Act (primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort)

• An agency bill supported by DPI and the State Superintendent
• Increases penalties for all sex offenses by school personnel against a student
• Modifies the definition of a student in cases of sexual crimes against a student by school personnel
• Increases penalties for failing to report misconduct toward children
• Requires public school units to show 6th-12 graders age-appropriate videos produced by the Center for Safer Schools which include information on sex abuse.
• Requires school employees convicted of certain felonies involving a student to forfeit the portion of their state-funded retirement benefits
• Next stop is Committee on Rules and Operations of the Senate
• Click here for an official bill summary

Finance/Rules and Operations of the Senate

SB 99: Bond Referendum Transparency (primary sponsors: Senators Todd Johnson, R-Union; Carl Ford, R-Rowan; Eddie Settle, R-Wilkes)

• Passed 33-12 on Second Reading; Third Reading roll call vote to be held on Monday, June 26
• Requires additional disclosures on bond applications, the order approving the bond application, and on the ballot
• Requires the amount of property tax increase on the ballot question if known
• Requires the Local Government Commission to maintain a database of proposed bond issues approved by the Commission
• Click here for an official bill summary

Education Bills Passed by the Senate

HB 605: School Threat Assessment Teams (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Tricia Cotham, R-Mecklenburg)

• Passed unanimously 46-0, sent back to House for concurrence
• Requires public school units to have threat assessment teams
• Requires (was encourages) all public-school units to participate in school safety exercises and programs
• Encourages private schools to participate in school safety exercises and programs.
• Requires local boards of education to establish peer-to-peer support programs at all schools with grades 6 and higher
• Requires the governing body (e.g., school board) to develop policies for assessment and intervention, not just the individual threat assessment teams
• Adds a referral to the appropriate law enforcement agency if the individual is not a student.
• Requires the Center for Safer Schools to develop guidance for the threat assessment teams by 12/31/23
• Click here for an official bill summary

HB 618: Charter School Review Board (primary sponsors: Representatives Tricia Cotham, R-Mecklenburg; Tim Moore, R-Cleveland; Destin Hall, R-Caldwell; David Willis, R-Union)

• Passed by a vote of 30-18, sent back to the House for concurrence
• Similar to section 7.39 in the House Budget
• Converts the Charter Schools Advisory Board into the Charter Schools Review Board
• Shifts authority to approve or deny charters from the State Board of Education to a legislatively controlled (8 of 11 appointments) Review Board with a right of appeal by an applicant, charter school, or the State Superintendent to the State Board of Education
• Changes the Superintendent of Public Instruction from a voting member to a nonvoting member
• Click here for an official bill summary

Education Bills Passed by the House

SB 411: Various Education Changes (primary sponsors Senators Paul Newton R-Cabarrus, Warren Daniel R-Burke, Ralph Hise R-Mitchell)

• Passed by a unanimous vote 113-0, sent back to Senate for concurrence
• Allows home school students to participate in the PSAT, the PreACT, AP exams, and any other advanced course examination offered by a local school district if certain requirements are met
• Allows a school district to charge the cost of the test to the student’s parent
• Changes made by the House include

• Added language from HB 172: Samantha Rose Davis Act (primary sponsors: Representative Keith Kidwell, R-Beaufort, Jon Hardister R-Guilford, Brian Biggs R-Randolph, Celeste Cairns R-Carteret)

• Requires State Board of Education to adopt rules for PSUs to follow regarding medical condition plans for students that require them
• Requires each school to have at least one employee trained in lifesaving and first aid techniques

• Added language from HB 150: School Contracted Health Services (primary sponsors: Representatives John Bradford, R-Mecklenburg; Kristin Baker, R-Cabarrus; Kevin Crutchfield, R-Cabarrus; Carla Cunningham, D-Mecklenburg)

• Allows parents of students who require nursing care under their IEP to choose their nurse, provided:

• The child’s IEP requires nursing services
• The child received nursing services from the nurse (i) prior to the nursing services being required by the child’s IEP or (ii) prior to the child enrolling at his or her current school.
• Issues with HB 150 include: Nursing services for students with disabilities are often paid using federal IDEA funds. Depending on the amount of the expenditure, the federal government may require a competitive bid process to award a contract that will be paid using the IDEA funds. Contracts for services to be provided by nurses chosen by parents will not go through a competitive purchasing process. Therefore, school districts will need to ensure that either (1) the cost of the services falls below the threshold for mandatory competitive bidding; or (2) if competitive bidding would be required, the contract is paid with non-federal (state or local) funds. The bill sponsor stated districts will not receive additional state funding for these nurses.

Statewide Bills Sent to Governor

HB 574: Fairness in Women’s Sports Act (primary sponsors: Representatives Jennifer Balkcom, R-Henderson; Karl Gillespie, R-Macon; Erin Pare, R-Wake; Kristen Baker, R-Cabarrus)

• Passed by a vote of 31-17, House concurred by a vote of 63-42
• Prohibits biological male students from playing on middle school, high school, or collegiate athletics teams designated for biological female students
• Recognizes a student’s sex solely based on the student’s reproductive biology and genetics at birth
• Creates a civil cause of action for students who are harmed as a result of a violation of the bill or who are retaliated against for reporting violations
• Creates a civil cause of action for public school units that suffer harm as a result of following the requirements of the bill
• Removes restrictions on females from participating in male sports
• Removes collegiate intramurals from sports teams subject to the bill
• Click here for an official bill summary

Statewide Bills Signed by the Governor

SB 729: CBBC Working Group Changes (primary sponsors: Senators Jim Burgin, R-Harnett; Joyce Krawiec, R-Forsyth; Carl Ford, R-Rowan)

• Passed the Senate 42-0 and the House 114-0
• Amends the anti-pension spiking contribution-based benefit cap (CBBC) law for school systems as brought forward by the working group established by S.L. 2021-72
• Provides additional tools to resolve disputed applications of the anti-pension spiking laws
• Note: NCSBA had been in negotiations with the State Retirement System for roughly 18 months to improve the anti-pension spiking CBBC law. This bill is the compromise both sides agreed to, which we believe is a significant improvement to the existing law.
• Click here to access NCSBA’s summary of SB 729

Amidst the ongoing budget negotiations, it’s worth noting the education-related legislation that remains in motion within each chamber. One such bill is SB 49: Parents’ Bill of Rights. Stuck in the House Rules committee for more than 4 months, SB 49 was moved to the House Education committee on Wednesday. This is a signal that the House will soon be prepared to publicly share its version of the bill. At this point, we’re not exactly sure when, but it’s just a matter of time. Below, are other educated-related bills with action this week.

Education Bills Approved by Senate Committees

HB 142: Protect Our Students Act.-AB (primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort)

• Approved by Senate Education/Higher Education Committee, referred to Senate Pensions and Retirement and Aging Committee
• An agency bill supported by DPI and the State Superintendent
• Increases penalties for all sex offenses by school personnel against a student
• Modifies the definition of a student in cases of sexual crimes against a student by school personnel
• Increases penalties for failing to report misconduct toward children
• Requires public school units to show 6th-12 graders age-appropriate videos produced by the Center for Safer Schools which include information on sex abuse.
• School employees convicted of certain felonies involving a student will forfeit their retirement benefits
• Click here for an official bill summary

HB 605: School Threat Assessment Teams (primary sponsors: Representatives John Torbett, R-Gaston; Hugh Blackwell, R-Burke; Tricia Cotham, R-Mecklenburg)

• Approved by Senate Education/Higher Education Committee
• Requires public school units to have threat assessment teams
• Requires (was encourages) all public-school units to participate in school safety exercises and programs
• Encourages private schools to participate in school safety exercises and programs.
• Requires local boards of education to establish peer-to-peer support programs at all schools with grades 6 and higher
• Requires the governing body (e.g., school board) to develop policies for assessment and intervention, not just the individual threat assessment teams
• Adds a referral to the appropriate law enforcement agency if the individual is not a student.
• Requires the Center for Safer Schools to develop guidance for the threat assessment teams by 12/31/23
• Click here for an official bill summary

HB 618: Charter School Review Board (primary sponsors: Representatives Tricia Cotham, R-Mecklenburg; Tim Moore, R-Cleveland; Destin Hall, R-Caldwell; David Willis, R-Union)

• Approved by Senate Education/Higher Education Committee then by Committee on Rules and Operations of the Senate
• Next stop is Senate floor
• Similar to section 7.39 in the House Budget
• Converts the Charter Schools Advisory Board into the Charter Schools Review Board
• Shifts authority to approve charters from the State Board of Education to a legislatively controlled (8 of 11 appointments) Review Board with a right of appeal by an applicant, charter school or the State Superintendent to the State Board of Education
• Transitions the Superintendent of Public Instruction from a voting member to a nonvoting member
• Click here for an official bill summary

HB 574: Fairness in Women’s Sports Act (primary sponsors: Representatives Jennifer Balkcom, R- Henderson; Karl Gillespie, R-Macon; Erin Pare, R-Wake; Kristen Baker, R-Cabarrus)

• Approved by Senate Education/Higher Education Committee then by Committee on Rules and Operations of the Senate
• Next stop is Senate floor
• Prohibits biological male students from playing on middle school, high school, or collegiate athletics teams designated for biological females, women, or girls
• Creates a civil cause of action for students who are harmed as a result of a violation of the bill or who are retaliated against for reporting violations
• Creates a civil cause of action for public school units that suffer harm as a result of following the requirements of the bill
• Removes restrictions on females from participating on male sports teams
• Removes collegiate intramurals from sports teams subject to the bill
• Click here for an official bill summary

Statewide Bills Signed by the Governor

HB 166: American Indians Graduating With Honors Act (primary sponsors: Representatives Jarrod Lowery, R-Robeson; Karl Gillespie, R-Macon; Brenden Jones, R-Columbus; Mike Clampitt, R-Swain) 

• SL 2023-43
• Passed the House 114-0 and the Senate 43-0
• Allows American Indian students to wear objects of cultural significance at public school graduation ceremonies
• Click here for an official bill summary

Local Bills Passed Into Law
HB 308: Alexander County Board of Education Referendum (primary sponsor: Representative Jeffrey Elmore, R-Wilkes) 

• S.L. 2023-41
• Provides for the partisan election of the Alexander County Board of Education, subject to voter approval in a county-wide referendum held at the time of the general election in 2024
• Click here for an official bill summary

Local Bills That Failed Concurrence Vote

HB 31: Rowan-Salisbury Board of Education Partisan (primary sponsor: Representative  Warren, R-Rowan)

• House voted not to concur, bill goes to Conference Committee to negotiate differences between House and Senate versions
• Language added by the Senate provides for partisan elections for the members of the Rowan-Salisbury Board of Education beginning in 2024

• Allows school board to revise residency districts if an adjustment is required for a change in attendance zones
• Click here for an official bill summary

In the recent budget negotiations between the House and Senate at the North Carolina General Assembly, the words of country music singer Charlie Rich, “No one knows what goes on behind closed doors,” ring true.

Although it is difficult to ascertain the exact details, there are signs that the negotiations may be experiencing some delays due to a few critical points of contention. We hear they are far apart on various issues, which is no surprise given that their proposed budgets were very far apart. After the Senate passed their budget less than a month ago, senators told us they were optimistic a budget deal would be announced next week. House members are now telling us that is highly unlikely. We are hearing that they are extremely close to a deal on pay raises. Sounds like neither chamber is getting what they proposed.

With North Carolina’s fiscal year coming to an end on June 30 and the new one commencing on July 1, time is of the essence for the budget negotiations. The outcome of these closed-door discussions will have far-reaching implications for the state’s financial landscape for at least the next two years.

School Calendar

The Department of Public Instruction and State Board of Education have jointly released the annual report outlining the start and end dates of the instructional calendar for students in the fiscal year 2023-24. As to the next step in the process, the Board is required to submit this report to the Joint Legislative Education Oversight Committee by June 15th. Notably, 15 districts spanning across a dozen counties have opted to commence the school year before the date of August 28. These districts are as follows:

Cabarrus County, Cleveland County, Edgecombe County, Elkin City, Gaston County, Henderson County, Iredell-Statesville, Kannapolis City Schools, Lee County, Lincoln County, Mount Airy City, Polk County, Rutherford County, Stanly County, Surry County

During this legislative session, there were school calendar bills introduced impacting 56 school districts, which accounts for nearly half of the districts in the state. For a comprehensive list of these bills/districts, you can click here.

Education Bills Approved by House Committees

HB 640: Career Path Options Transparency Act (primary sponsors: Representatives Jake Johnson, R-Polk; Matthew Winslow, R-Franklin; Steve Tyson, R-Craven; Erin Pare, R-Wake)

• Approved by the House Education Universities Committee
• Requires the North Carolina State Education Assistance Authority (NCSEAA) to provide information on employment needs for each prosperity zone
  • The state operates eight administrative regions known as Prosperity Zones.
  • Each Zone features a one-stop, physical location, providing citizens and businesses the ability to interact with representatives from multiple state agencies, as well as to encourage better collaboration between the agencies themselves.
• Requires NCSEAA to provide outcomes data for vocational and technical schools through the “Know Before You Go” website
• Requires 10th grade students to be provided certain information about postsecondary education and career options
• Creates a grant program for local boards of education to use to provide 10th grade students the information
• Click here for an official bill summary

Statewide & Local Education Bills 

STATEWIDE BILLS

Statewide Bills Passed Into Law: 

• No statewide education bills passed into law this week.

Statewide Bills Sent to Governor and Awaiting Action: 

SB 729: CBBC Working Group Changes (primary sponsors: Senators Jim Burgin, R-Harnett; Joyce Krawiec, R-Forsyth; Carl Ford, R-Rowan)

• Passed the Senate 42-0 and the House 114-0
• Amends the anti-pension spiking contribution-based benefit cap (CBBC) law for school systems as brought forward by the working group established by S.L. 2021-72
• Provides additional tools to resolve disputed applications of the anti-pension spiking laws
• Note: NCSBA had been in negotiations with the State Retirement System for roughly 18 months to improve the anti-pension spiking CBBC law. This bill is the compromise both sides agreed to, which we believe is a significant improvement to the existing law.
• Click here to access NCSBA’s summary of SB 729

• Passed the House 114-0 and the Senate 43-0
• Allows American Indian students to wear objects of cultural significance at public school graduation ceremonies
• Click here for an official bill summary

• Passed the House 77-38 and the Senate voted 37-6 to concur
• Encourages public schools to strive to make 100 percent muscadine grape juice available to students
• Click here for an official bill summary

Statewide Bills Sent to House for Consideration: 

SB 675: Land Use Clarification and Changes (primary sponsors: Senators Michael Lee, R-New Hanover; Dave Craven, R-Randolph; Amy Galey, R-Alamance)

• Passed the Senate 29-14 and sent to the House for consideration
• Allows the siting of schools via special permit for areas zoned for commercial use
• Click here for an official bill summary

LOCAL BILLS 

Local Bills Passed Into Law:

HB 66: Boards of Education Elections (primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba)

• S.L. 2023-32
• Provides for partisan elections for the members of the Catawba Board of Education, Hickory City Board of Education, Newton-Conover City Board of Education
• Polk County Board of Education was added to the bill, changing the election method to partisan, starting with elections in 2024
• Requires the Buncombe County Board of Education to establish electoral districts for electing members beginning in 2024. If the Board fails to act, the General Assembly will draw the new districts
• Provides that members of the Buncombe Board of Education are elected in a nonpartisan primary and election beginning in 2026
• Click here for an official bill summary

HB 174: Winston-Salem/Forsyth Board or Education/Rural Hall Even-Year  (primary sponsor: Representative Donny Lambeth, R-Forsyth)

• S.L. 2023-31
• Staggers the terms of the members of the Winston-Salem/Forsyth County Board of Education beginning in 2024
• Provides for even-year elections in the Town of Rural Hall
• Click here for an official bill summary

SB 248: Nash Bd. Of Educ/No. of Members/Districts (primary sponsors: Senators Lisa Barnes, R-Nash; Buck Newton, R-Wilson)

• Awaiting session law number
• Decreases the size of the Nash Board of Education to seven members
• Aligns the districts for the Nash Board of Education with the districts of Nash County Board of Commissioners
• Provides for the boundaries of the Nash School Administrative Unit to be identical to the boundaries of Nash County, effective July 1, 2024
• Requires Nash and Edgecombe school boards and county commissioners to submit a written plan to the State Board of Education to transfer that portion of the Nash School Administrative Unit located in Edgecombe County to the Edgecombe County Public School System
• New section added which provides for partisan elections for the members of the Catawba County Board of Education, Hickory City Board of Education, and Newton-Conover Board of Education
• Click here for an official bill summary

Local Bills Requiring Concurrence Vote: 

HB 308: Alexander County Board of Education Referendum (primary sponsor: Representative Jeffrey Elmore, R-Wilkes) 

• Passed the Senate and sent back to the House for concurrence vote
• Provides for the partisan election of the Alexander County Board of Education, subject to voter approval in a county-wide referendum held at the time of the general election in 2024
• Click here for an official bill summary

HB 31: Rowan-Salisbury Board of Education Partisan (primary sponsor: Representative Harry Warren, R-Rowan)

• Passed the Senate and sent back to the House for concurrence vote
• Provides for partisan elections for the members of the Rowan-Salisbury Board of Education beginning in 2024
• Allows school board to revise residency districts if an adjustment is required for a change in attendance zones
• Click here for an official bill summary

School Performance Grades 
Local bills weren’t the only activity this week as the Department of Public Instruction (DPI) presented in the House Education K-12 Committee on their efforts to redesign the accountability model used to give schools performance grades across North Carolina. Currently, school performance grades are based on each school’s achievement score, weighted 80%, and on students’ academic growth, weighted 20%.  Per DPI’s presentation, in addition to these indicators, the proposed accountability model may also include additional academic and school quality indicators which could potentially include:

• Percentage of students who graduate in five years
• Percentage of graduates who either have confirmed acceptance in a post-secondary institution, enlisted in the military, or are employed
• Percentage of students who participate in at least one extracurricular or intra-curricular activity
• Percentage of students whose absences exceed 10% of school days

You can view DPI’s full presentation here.

Education Bills that Passed the House
Local Bills
*Local bills do not go to the Governor for signature, and, once ratified, become law. 

SB 248: Change Number of Members on Nash County Board of Education (primary sponsors: Senators Lisa Barnes, R-Nash; Buck Newton, R-Wilson)

• Decreases the size of the Nash Board of Education to seven members
• Aligns the districts for the Nash Board of Education with the districts of Nash County Board of Commissioners
• Provides for the boundaries of the Nash School Administrative Unit to be identical to the boundaries of Nash County, effective July 1, 2024
• New section added which provides for partisan elections for the members of the Catawba County Board of Education, Hickory City Board of Education, and Newton-Conover Board of Education
• Required to go back to the Senate for concurrence

Education Bills Approved by House Committees

HB 762: School Social Workers/Master’s Pay (primary sponsor: Representative Tricia Cotham, R-Mecklenburg)

• Approved by the House Education K-12 Committee
• Identical to SB 524
• Provides that school social workers are eligible to receive education-based salary supplements regardless of whether a master’s degree is required for licensure
• Click here for an official bill summary

HB 833: Increase Minority Male Teachers/Program Study (primary sponsors: Representatives Ken Fontenot, R-Wilson; Tricia Cotham, R-Mecklenburg; Cecil Brockman, D-Guilford)

• Approved by the House Education K-12 Committee
• Appropriates funds to study and report on programs focused on increasing the socioeconomic and geographic diversity of teachers in public elementary and secondary schools
• Click here for an official bill summary

HB 855: Strengthening Care for Families and Children (primary sponsors: Representatives Donny Lambeth, R-Forsyth; Wayne Sasser, R-Stanly; Kristin Baker, R-Cabarrus; Carla Cunningham, D-Mecklenburg)

• Appropriates $1 billion in nonrecurring, non-reverting funds from the ARPA Temporary Savings Fund to:
  • Transform child welfare and family well-being
  • Strengthen the North Carolina Behavioral Crisis System
  • Fund community and school-based behavioral health
  • Fund justice-related behavioral health mattersImprove the capacity of State psychiatric facilities
  • Improve behavioral health data technology
  • Increase Medicaid rates
• Appropriates $40 million for statewide expansion of school behavioral health services

Education Bills Approved by Senate Committees

Statewide Bills

HB 142: Protect Our Students Act.-AB (primary sponsors: Representatives John Torbett, R-Gaston; Kristin Baker, R-Cabarrus; Jake Johnson, R-Polk; Keith Kidwell, R-Beaufort)

• Approved by Senate Judiciary Committee
• An agency bill supported by DPI and the State Superintendent
• Increases penalties for failure of school administrators to report certain misconduct to the State Board of Education
• Increases penalties and modifies definitions for certain sex offenses against students
• Requires public school units to show 6^th– 12^thgrade students a video produced by DPI’s Center for Safer Schools containing age-appropriate information about sexual abuse, as recommended by DPI
• Defines conduct directly related to the office or employment as it pertains to the forfeiture of retirement benefits
• Click here for an official bill summary

HB 166: American Indians Graduating With Honors Act (primary sponsors: Representatives Jarrod Lowery, R-Robeson; Karl Gillespie, R-Macon; Brenden Jones, R-Columbus; Mike Clampitt, R-Swain) 

• Approved by the Committee on Rules and Operations of the Senate
• Allows American Indian students to wear cultural objects at public school graduation ceremonies
• Click here for an official bill summary

HB 190: Department of Health and Human Services Revisions (primary sponsor: Representative Larry Potts, R-Davidson)

• Approved by the Committee on Rules and Operations of the Senate
• Makes technical, conforming, and other modifications to laws pertaining to the Department of Health and Human Services
• Removes language requiring the inclusion of the anonymous safety tip line application on a document and display that are shared with students in public school units concerning child abuse and neglect
• Click here for an official bill summary

Local Bills

HB 31: Rowan-Salisbury Board of Education Partisan (primary sponsor: Representative Harry Warren, R-Rowan)

• Approved by the Committee on Rules and Operations of the Senate
• Originally titled Rowan-Salisbury Board of Education Filing Period
• Provides for partisan elections for the members of the Rowan-Salisbury Board of Education beginning in 2024
• Allows school board to revise residency districts if an adjustment is required for a change in attendance zones
• Click here for an official bill summary

HB 66: Partisan Boards of Education (primary sponsors: Representatives Jay Adams, R-Catawba; Mitchell Setzer, R-Catawba)

• Approved by the Committee on Rules and Operations of the Senate
• Provides for partisan elections for the members of the Catawba Board of Education, Hickory City Board of Education, Newton-Conover City Board of Education o   Polk County Board of Education was added to the bill, changing the election method to partisan
• Requires the new Buncombe County Board of Education to establish electoral districts for electing members beginning in 2024
• Provides that members of the Buncombe Board of Education are elected in a nonpartisan primary and election beginning in 2026
• Click here for an official bill summary

HB 174: W-S/Forsyth Bd. or Ed./Rural Hall Even-Year  (primary sponsor: Representative Donny Lambeth, R-Forsyth)

• Approved by the Committee on Rules and Operations of the Senate
• Staggers the terms of the members of the Winston-Salem/Forsyth County Board of Education beginning in 2024
• Provides for even-year elections in the Town of Rural Hall
• Click here for an official bill summary

HB 308: Alexander Co. Bd. of Ed. Referendum (primary sponsor: Representative Jeffrey Elmore, R-Wilkes) 

• Approved by the Committee on Rules and Operations of the Senate
• As introduced, this bill was identical to S233, which is currently in Senate Rules
• Now provides for the partisan election of the Alexander County Board of Education, subject to voter approval in a county-wide referendum held at the time of the general election in 2024
• Click here for an official bill summary

On Wednesday, the House voted not to concur with the Senate’s budget proposal. As a result, a conference committee, consisting of members from both chambers, will now negotiate and produce a compromise budget plan, which is expected to be complete by mid-June. The compromise budget plan will then be voted on by the House and Senate, which cannot be amended once it reaches the floor, and ultimately sent to the Governor.Garnering headlines statewide this week are the proposed pay increases and the push by both the House and Senate for universal opportunity scholarships (private school voucher program) for all students in North Carolina regardless of income level.

This morning, the Mooresville Graded Board of Education adopted two resolutions addressing both of those big issues. As a courtesy, NCSBA is sharing those resolutions below.

Adopted Resolution re: Universal Opportunity Scholarships

Adopted Resolution re: Proposed Pay Increases for School Employees

Finally, between budget negotiations and many members wanting to get a jump on Memorial Day weekend, there wasn’t very much activity at the General Assembly, but we do have a few bills to talk about: