Weekly Legislative Update - Thursday, July 5, 2018

North Carolina Public Schools sent this bulletin at 07/05/2018 05:22 PM EDT

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Vision Statement: Every public school student, through access to needed resources and rigor, will graduate ready for post-secondary education and work, prepared to be a globally engaged and productive citizen.

Mission Statement: The State Board of Education will use its constitutional authority to lead and uphold the system of public education in North Carolina that guarantees every student in this state an opportunity to receive a sound basic education.

Thursday, July 5, 2018

SESSION IN THE REARVIEW

Downtown Raleigh has been much less hurried this week, with the General Assembly out of session and with the mid-week July 4th Independence holiday. Short session has come to a halt, with the House and Senate scheduled to reconvene on November 27, 2018 at noon. In the interim, many Members are busy ramping up for this election year.

Although many K-12 public education bills have been tracked this session, only a select few have become law. These bills, along with the high-profile legislation that didn’t become law, are highlighted below.

On the funding front - after a variety of adjustments, the General Assembly’s short session actions provide an additional ~$168M in state funding for North Carolina’s 2018-19 K-12 budget. The State’s total K-12 budget for public instruction is ~$11.5B, including ~$10.2B in State funding plus another ~$1.3B in federal funds. This does not include local supplements which are funded locally and vary by district.

In addition to the planned budget identified in the 2017-19 biennium, the bulk of the subsequent K-12 state funding for public schools was allocated to the following areas:

Teacher Compensation: +$11.8M
Principal / Assistant Principal Compensation: +$12.4M
School District Personnel Compensation/Retirement: +$54.8M
Math/Reading Teacher Bonuses: +$22.9M
School Safety: +$28M
Needs-based Public School Capital Fund: +$42.3M
Textbooks & Digital Resources: +$11M

In the midst of the holiday week, the State Board of Education (SBE) held its July 2018 meeting today via conference call. A few revisions were made to the SBE General Licensure Requirements Policy, including one item of particular interest to teachers with an Initial Professional License (IPL). The revision allows for a Local Education Agency or a charter school, at its discretion to request a Permit to Teach for a teacher whose IPL expired June 30, 2018 due to not meeting licensure requirements, as long as the LEA identifies the teachers as effective. In addition, all initially licensed teachers for whom a license exam(s) is required, must request from the testing vendor that licensure exam scores be submitted directly to NC Department of Public Instruction. Today’s meeting agenda and associated meeting materials can be found here.

2018 K-12 Education - New Laws

HOUSE BILLS NOW LAW

HB 92: Cherokee Reg. Plate/Teaching Agreement - Session Law 2018-7

Creates a process for an individual to teach Cherokee language and culture classes without a teaching license issued by the State Board of Education. These individuals would not be permitted to provide instruction in other content areas unless the individual possessed the required teaching license.

HB 374: Regulatory Reform Act of 2018 - Session Law 2018-114

Among several other things, this legislation repeals certain State Board of Education policies, following the decision of North Carolina State Board of Education v. State of North Carolina and Mark Johnson. It also adds that other State Board of Education's current policies may remain in place until May 30, 2019 in order to ensure the continued administration of the free public school system.

HB 379: Task Force on Regulatory Reform - Session Law 2018-69

Requires certain state entities to compile and submit a list of crimes covered by the entity to the Joint Legislative Administrative Procedures Oversight Committee (APO) and the Joint Legislative Oversight Committee on Justice and Public Safety (JPS). The bill authorizes the Administrative Office of the Courts to compile the list, identify unnecessary crimes based on a list of identified factors, and to submit the list to the APO and JPS by December 1, 2018.

HB 611: Employment Contract Exception - Session Law 2018-26

Allows local boards of education to employ the spouse of the local superintendent, under the condition the employment is approved in an open session meeting of the local board of education.

HB 646: Amend PED Statutes - Session Law 2018-101

Amends Program Evaluation Division statutes to make it explicit that the division may evaluate the merits of programs or activities of non-State entities conducted or provided using State funds, in addition to State agency programs or activities, to determine their effectiveness in conducting the program or activity. It adds measurability assessments as a function of the Division and revises the powers and duties of the Joint Legislative Program Evaluation Oversight Committee, including a requirement to adopt a biennial work plan for the Division.

HB 670: Protect Educational Property - Session Law 2018-72

Makes the threat of mass violence on an educational property or at an extracurricular activity a Class H felony.

HB 852: Real Prop. Tech Correction/Solicitation of Copies - Session Law 2018-80

A section of this bill clarifies eligibility for needs-based public school capital fund grants. Grant funds shall be used for the construction of new school buildings only and grant funds shall not be used for real property acquisition. In order for a county to be considered a tier one area for fiscal year 2018-19, it must have been designated tier one by the Department of Commerce in 2017 or 2018, and filed a grant application in 2017. Being a tier one area allows counties a fund matching program of $3 of grant money to $1 in county money, and sets the maximum grant amount at $15M.

HB 977: Admin. Changes Ret. System/Treasurer - 2018.-AB - Session Law 2018-84

Allows new charter schools up to two years to elect to participate in the State Health Plan. It also requires a 6 month advanced notice from new charter schools electing to participate in the State Health Plan.

HB 986: Various Changes to Education Laws - Session Law 2018-32

This legislation combined various education bills to establish the following requirements:

The State Board of Education and the Department of Public Instruction will report annually on the implementation of cursive writing and multiplication tables.
Students who score a level five on end-of-year math tests are to be placed in advanced math classes.
The State Board of Education will provide information from annual performance reports for educator preparation for comparability of data in a user-friendly format.
Removes requirements for the Board of Governors of The University of North Carolina to incorporate Educator Preparation Program data into the Teacher Quality Dashboard.
The State Superintendent of Public Instruction will study and make recommendations on ways to reduce testing.
Repeals the State Board of Education Mental Health Policy.
The Department of Public Instruction will develop a mental health training program and minimum requirements for a suicide risk referral protocol, and model protocol.
Creates a "Renewal School System" model that authorizes a qualifying local school administrative unit to become a renewal school system and to receive Charter-like flexibility.

HB 1031: Local Ed. Funding Dispute Process - Session Law 2018-83

Establishes a fixed process to address any funding dispute between local boards of education and local county commissioners. In the event a local board of education and county commissioners cannot agree on funding, rather than going to court, appropriations will be determined based on a fixed formula.

HB 1083: Appointments Bill 2018 - Session Law 2018-127

Effective July 1, 2018, Satish Garimella of Wake County is appointed to the North Carolina Education and Workforce Innovation Commission for a term expiring on June 30, 2021.

HR 1102: Study Best Practice/Advanced Ed Opportunities - Adopted

House Resolution creating the House Study Committee for Promoting Access to Advanced Educational Opportunity in Our Public Schools for Economically Disadvantaged Students Who Demonstrate High Academic Achievement. Committee Members will be six members of the House of Representatives, the State School Superintendent or designee, the Chairman of the State Board of Education or designee and the President of the UNC or designee. The Committee shall submit a final report on the results of the study and any proposed legislation, to the General Assembly by December 31, 2018.

SENATE BILLS NOW LAW

SB 99: 2018 Appropriations Act - Session Law 2018-5

An extensive breakdown of the various impacts of the expansion budget can be found in this former update. A few key highlights include:

Teacher Compensation - Average teacher salary will increase by 6.5% total in the biennium budget, including the additional increases in the expansion budget. This does not include local supplements.
Principal Compensation – $12M recurring additional funding for principal salary increases. Principal Hold Harmless extended through end of biennium budget (June 30, 2019)
Compensation of Other Public School Personnel - Non-Certified Personnel working in public schools under permanent 12-month full-time contracts with salaries supported by state funds receive a 2% raise.
Budget Items and Provisions - See this extensive update on the budget from June 1, 2018.
Allows cities to use revenues for public education

SB 99 - Policy provisions pulled from Senate bill that did not pass includes:

Section 8.2.(e), Section 8.2.(f), Section 8.3.(a) through Section 8.2.(f) different bonus amounts: Includes elements of SB 718 (did not pass): Revise Principal Compensation

SB 99 - Policy provisions pulled from various House bills that did not pass include:

Section 7.26.(a): Includes elements of HB 932 (did not pass): Anonymous School Safety Tip Line Application

Directs the Department of Public Instruction Center for Safer Schools, in collaboration with Public Safety and Emergency Management, to implement and maintain an anonymous safety tip line application. This is to be implemented and made available statewide to public schools serving grades six or higher by July 1, 2019. It further requires the governing body of each public secondary school to develop and operate an anonymous tip line, in coordination with local law enforcement and social services agencies.

Section 7.27.(e): Includes elements of HB 941 (did not pass): Increase funding for SRO Grant

Provides for the following grant funding, which is to be a supplement not a supplant of State or non-Sate funds:

· School Resource Officer - up to $12 million dollars

· Training to Increase School Safety - up to $3 million dollars

· Safety Equipment - up to $3 million dollars

· School Mental Health Support Personnel - up to $10 million dollars

· Administrative Costs - up to $100,000 dollars

The Superintendent of Public Instruction shall report on the program no later than April 1, 2019 to NCGA committees and the Fiscal Research. The report shall include the identity of each entity that received a grant through the program, the amount of funding provided to each of these entities and their use of these funds, and recommendations for the implementation of additional effective school safety measures.

Section 7.13: Includes elements of HB 988 / SB 731 (did not pass): Extend Pilot/Virtual Charter Schools

Extends a pilot program for the two State Board of Education approved virtual charter schools. This extends the current four year pilot an additional four years. The pilot was slated to end with the 2018-2019 school year, but budget provision allows the program to continue through the 2022-2023 school year.

SB 125: Various Education Changes - Session Law 2018-37

Encourages, but does not require, LEAs to adopt an attendance recognition program. The goal of these programs is to increase attendance. In a situation where a local board of education does adopt an attendance recognition program, children cannot be penalized under this program for missing school to serve as a legislative or Governor's page. This law also expands the eligibility of children to obtain certain wartime veterans scholarships.

SB 335: Budget Technical Corrections - Session Law 2018-97

Covers procedural and technical adjustments to the budget. In addition to other items of interest for the General Assembly. This bill makes many minor adjustments to the expansion budget, fixing mistaken references and correcting confusing wording. A few highlighted provisions include:

Clarifies “growth” measure to be used for principal compensation for those with a break in recent service.
Allows Innovation Zone funds to also be used for Innovation School District administrative costs.
Provides $10K Grant-In Aid for Graham County Schools.
Eliminates $250K funds appropriated to DonorsChoose.org for classroom supply teacher grants.
Moves Center for Safer Schools under State School Superintendent.
State Board of Education to issue another Request for Proposals for the Advanced Teaching Roles Pilot.
Clarifies school quality and student success indicator to combine ACT and ACT WorkKeys as one indicator for School Performance Grades / ESSA.
"§ 160A-307.1. Limitation on city requirements for street improvements related to schools. Removes language stating a city may not condition the approval of any zoning, rezoning, or permit request on the waiver or reduction of any provision of this section.

SJR 697: Joint Session/State Board of Education Confirmation - Adopted

The General Assembly met in a joint session to consider the appointments to the State Board of Education. Of the three Governor nominees, legislators unanimously reappointed Reginald Kenan to serve another eight year term, representing the Southeast Education Region.

SB 768: People First Language 2018 - Session Law 2018-47

People First amends language in statute when describing a person's disability. Changes "mental retardation" to "intellectual disability" and "the mentally retarded" to "individuals with an intellectual disability" as well as other language referencing a person's disability. The intent is to refer to a person with a disability as a person first and seeks to avoid derogatory language.

LOCAL BILLS NOW LAW

HB 514: Permit Municipal Charter School/Certain Towns - Session Law 2018-3

Allows the Towns of Cornelius, Huntersville, Matthews, and Mint Hill to apply for and hold a charter for a charter school. It permits these towns to act as the board for a charter school, or appoint a board to serve that purpose.

HB 954: Rockingham County School Board/Chair Term - Session Law 2018-17

Directs the Rockingham County Board of Education to annually elect one of its members as the Chair for a term of one year.

HB 1076: Alamance/Guilford Boundary Line - Session Law 2018-61

Adjusts the boundary line between Guilford and Alamance counties and declares that if the homes of students move from one county to the other, students, as well as their siblings, will be allowed to complete high school in whichever county they began school.

2018 K-12 High Profile Education Legislation that DID NOT Become Law

SCHOOL SAFETY BILLS THAT DID NOT BECOME LAW - See this previous report for details on school safety in the State Budget.

HB 933: Reciprocity/School Psychologist Licensure - would require the State Board of Education to issue a school psychologist license within 60 days to any individual who holds the Nationally Certified School Psychologist (NCSP) credential issued by the National Association of School Psychologists (NASP).
HB 934: Threat Assessment Teams - would direct local boards of education to require peer-to-peer student mentoring, counseling, and support programs at all schools with grades six and higher, and direct school counselors to coordinate and provide training for these programs.
HB 937: SROs Defined/Training Standards - would define "school safety resource officer" (SRO) in statute, and require the development of training and continuing education standards for SROs by January 15, 2019.
HB 938: Various School Safety Changes - would combine aspects of several school safety bills to safeguard schools with School Resource Officers, counseling programs and training.
HB 939: School Building Vulnerability Assessments – would require Center for Safer Schools to develop a facility vulnerability assessment tool and direct local school administrative units to complete an assessment for each school building annually.
HB 940: SRO Rpt by LBEs to Center for Safer Schools - would require local boards of education to report information on School Resource Officers within their districts to the Center for Safer Schools, who would then report that information to the Joint Legislative Education Oversight Committee.
HB 962 / SB 720: Expand Use/School Risk Management Plans - would require nonpublic schools accepting eligible students who receive scholarship grants to establish School Risk Management Plans.
HB 1039: School Self-Defense Act - would create the School Facility Guardian program, which would allow volunteer faculty/staff in schools who possess a concealed handgun permit to carry their firearm on the campus of the school.
HB 1070 / SB 737: Safer Schools, Healthier Kids Act (Never heard in Committee) - Authorize the issuance of an extreme risk protection order to temporarily restrict a person's access to firearms if there is evidence that they poses a danger to themselves or others.
HB 1074: School Psychologist Compensation - The State Board of Education would establish the School Psychologists Recruitment and Retention Program to recruit and retain high-quality school psychologists to public school units by providing signing and retention bonuses to select school psychologists.
SB 739: Lottery School Safety Grants (Never heard in Committee) - Establish a grant program to provide safety resources to schools using funds from the North Carolina Education Lottery.
SB 756: School Security Act of 2018 (Never heard in Committee) - Create the position of teacher resource officer to permit law enforcement agencies to obtain certification for candidate teacher resource officers, to establish the teacher resource officer grant program and to provide supplemental pay to teacher resource officers.

OTHER HIGH PROFILE K-12 EDUCATION BILLS THAT DID NOT BECOME LAW:

HB 131: Motions for Appropriate Relief - The bill passed the House and Senate but was vetoed by the Governor, citing “Adding another excuse to set aside a bond forfeiture … would “hurt school funding …”. The General Assembly did not elect to override the veto, so the bill did not become law.
HB 382: DOI Omnibus - The bill passed the House and Senate but was vetoed by the Governor, citing “Adding another excuse to set aside a bond forfeiture … would “hurt school funding …”. The General Assembly did not elect to override the veto, so the bill did not become law.
HB 965: National and State Mottos in Schools Act - would require the display of the national motto, "In God We Trust," and the State motto, "To Be Rather Than to Seem," in at least one prominent location of each school, such as an entry way, cafeteria, or other common area.
HB 982: IDD Data Sharing/Longitudinal Data System - directs the Government Data Analytics Center to establish a task force to study the collection and use of data among State agencies and stakeholders to evaluate education, employment programs, and services for individuals with intellectual and developmental disabilities.
HB 984: Oversight IDD Employment/Educ. Programs - would establish the position of Director of Education and Employment Opportunities for Individuals with Intellectual and Developmental Disabilities within the Department of Health and Human Services. The Director would be the coordinator and point of contact for access to education, as well as employment programs and services, for individuals with intellectual and developmental disabilities.
HB 1017: Moore/Stanly Local Sales Tax Use Restriction - would create a ballot item in a Moore County special election, which would increase sales tax by 1/4 of 1%. The increased revenue from this potential sales tax increase could be used only for public school construction, renovation, and repair.
HB 1025: GSC Technical Corrections 2018 NCGA Fiscal Research would submit annual report to the General Assembly on the fiscal effect of federal mandates on, or federal law on which is conditioned the receipt of federal funds by the State and units of local government
HB 1051: Restore Master's Supplement for Teachers (Never heard in Committee) - Reinstate education-based salary supplements for school employees on the "M" salary schedule.
HB 1055: Retirement Complexity Reduction Act of 2018.-AB - Vetoed by Governor but no attempt to override by General Assembly.
HB 1079: Report Movies Shown During Instructional Time - Local boards of education and charter schools would report in writing to the Superintendent of Public Instruction on each movie shown during instructional time during the 2017-2018 school year in the months of November, December, January, April, May, and June.
SB 15: ISD Changes and Capital Grant Clarification - SB 15 included an extensive list of requirements and changes. See this previous update for details.
SB 374: NC Lease-Purchase Act/Charter Sch. Priority - Would allow charter schools to give enrollment priority to siblings of students who were admitted to that charter school. Currently, enrollment priority may only be extended to siblings of students admitted in the previous year.
SB 716 / HB 952: Lottery - JLOC Recommendations - Would allow the North Carolina Education Lottery to increase spending on advertising, from the current 1% of its total annual revenue, to 2%. The intent of this legislation is to increase the revenue generated by the Lottery.
SB 730: Cross-Training DPI Licensure Section Staff - Establish a cross-training program for employees of the DPI licensure section to improve timely processing of educator licensure applications.
SB 735: Various OLB and Administrative Law Changes - A section of this bill would direct the State Board of Education to issue a license to practice as a school psychologist to individuals who hold a national board certification. In addition, the State Board of Education would set forth licensure requirements for all student services personnel.
SB 793: School Nurses Reform - Would direct the State Board of Education to recommend a school nurse staffing standard and develop an implementation plan to meet that standard.