The Week In Review and Looking Forward into Next Week

Budget Remains at a Standstill

Although Medicaid expansion has still been at the epicenter of budget negotiations, there has been no action on the NC Health Care for Working Families compromise bill HB 655 since it was placed on the House Calendar on July 9^th.  While no budget moves were made this week, movement of education bills continued, including bills such as SB 199 Child Sex Abuse/Strengthen Laws SB 295 Standards of Student Conduct, SB 458 PTS Injury Day/Cardiac Task Force/Titus’s Law, and SB 522 Low-Perf. Schools/Stand. Student Conduct. Additionally,  SB 392 Various Charter School Changes that would allow virtual charter schools to lift the enrollment cap during their pilot program was vetoed by the Governor this week.

Next week’s Senate calendar includes K-12 education bills SB 5 School Safety Omnibus, SB 123 Geo Iso Sch/Transp Eff Buff/Currituck Cty Sch., and SB 522 Low-Perf. Schools/Stand. Student Conduct. In addition, the House Committee on Rules is scheduled to hear bills impacting education including SB 230 Excused Absences for Military Children, SB 295 Standards of Student Conduct, and SB 458 PTS Injury Day/Cardiac Task Force/Titus’s Law. For more detail on next week’s K-12 legislative calendar, refer to the bottom of this newsletter. Finally, the NC State Board of Education will hold their August meeting next week, August 7-8.  The agenda and related materials are outlined below.

State Board of Education - August Meeting

The State Board of Education will hold their next monthly meeting on Wednesday, August 7 and Thursday, August 8.   The agendas can be found through the links below: Agenda for August 7 located here. Agenda for August 8 located here.   Audio for these meetings can be found here.

Important Budget Resources HB 961: Ensuring Authorization of Federal Funds HB 111: Supplemental Appropriations Act DPI School Business: Operating after July 1 Without a Budget. K-12 Education Budget Overview here. Governor's Veto Statement here. HB 966: Ratified Conference Report Updated "Money" Report (Conference Report) here. Conference Committee Members here. DPI Financial & Business Services: Budget Comparison here.  DPI Financial & Business Services: Summary of Budget here. HB 966: 2019 Appropriations Act (Senate v6) "Money" Report - 3rd Edition (Senate) here. Senate Appropriations/Base Budget Amendments here. HB 966: 2019 Appropriations Act (House v4) Committee "Money" Report - 2nd Edition (House) here. Education Items in the Governor's budget here.  Highlights of the NC Public School Budget 2019 here. NC State Board of Education Budget Response here. NC Department of Public Instruction #NC2030 vision here. Public School Capital Outlays Chart here. North Carolina School Finances website here.

2019 New K-12 Education Laws

1. SL 2019-11: (HB 263) Fill Vacancies/Modify 2018 Appointments
   • Appoints Jeannette Butterworth of Henderson County to the North Carolina Charter Schools Advisory Board for a term expiring on June 30, 2021.
2. SL 2019-22: (HB 646) ID Approval/Flex Muni One-Stop  BILL SUMMARY
   • Requires the head of a university, college, or K-12 school to submit sufficient documentation for voting identification card approval; amends the criteria school entities must meet for approval of ID card use.
3. SL 2019-38: (SB 448) Amend Appt For Compact on Education/Military  BILL SUMMARY
   • Removes the requirement that the compact commissioner for the Interstate Compact on Educational Opportunity for Military Children be a licensed NC attorney who represents a local board of education; rather the Governor appoints the individual.
4. SL 2019-51: (HB 57) Create Term for Public Schs. & Codify NCVPS  BILL SUMMARY
   • Defines the term "public school unit" and codifies past session laws for the North Carolina Virtual Public School (NCVPS) program in the education chapter of the General Statutes (115C).
5. SL 2019-55: (HB 664) myFutureNC/Postsecondary Attainment Goal  BILL SUMMARY
   • Establishes a postsecondary educational attainment goal for the State to ensure the State remains economically competitive now and into the future. The State will make significant efforts to increase access to learning so that by 2030, 2,000,000 residents between the ages of 25 and 44 will have completed a high-quality credential or postsecondary degree.
6. SL 2019-60: (SB 227) TP3/Principal Fellows Consolidation  BILL SUMMARY
   • Maintains existing administration of the Transforming Principal Preparation Program (TP3) until it is repealed in 2021; expands the Principal Fellows Consolidation to include the TP3.
7. SL 2019-63: (SB 674) Surry Co./Mt. Airy/Elkin City/Bd. Ed Partisan  BILL SUMMARY
   • Changes the method of election for the local Boards of Education in the above listed localities from nonpartisan to partisan and alters vacancy filing process.
8. SL 2019-71: (SB 219) Modify Teacher Licensing Requirements  BILL SUMMARY
   • Makes various changes to statutes regarding the testing for the initial professional teacher (IPL) licensure; creates one-year extension for IPL for certain teachers; creates a limited teaching license for out-of-state teachers; authorizes local boards of education to determine commensurate pay level; and reduce the lifetime teaching license requirement from 50 to 30 years.
9. SL 2019-76: (SB 556) GSC People First Language 2019  GENERAL COMMENTS
   • Updates General Statues relating to the provision of services with people first language by changing the phrase "mental retardation" to "intellectual disability" or "intellectual or other developmental disability".
10. SL 2019-78: (SB 88) Electrician Requirements for Certain Orgs  BILL SUMMARY
    • Local boards of education (LEAs) may employ licensed electrical contractors.
11. SL 2019-81: (HB 656) Medicaid Changes for Transformation  BILL SUMMARY
    • Makes adjustments to the Medicaid and Health Choice appeals statutes, and other laws pertaining to Medicaid and Health Choice, in order to implement Medicaid Transformation and contracts with Prepaid Health Plans.
12. SL 2019-82: (HB 924) Teacher Contract Changes  BILL SUMMARY
    • Clarifies the amount of time a teacher must work for an LEA in order to be eligible for an extended employment contract.  Adds a new course in economics and personal finance as a graduation requirement for students.
13. SL 2019-87: (HB 886) Study Participation of Operators in NC Pre-K  BILL SUMMARY
    • Requires DHHS, Division of Child Development and Early Education to complete a study of four- and five-star centers that are not participating in NC Pre-K in order to identify the challenges associated with becoming an NC Pre-K site.
14. SL 2019-91: (HB 770) Freedom to Work/OLB Reform  BILL SUMMARY
    • Defines a "State agency licensing board."  Clarifies standards for a licensing board's use of an applicant's criminal history in making determinations.
15. SL 2019-102: (HB 134) Filling Vacancy/Onslow County Board of Comm.
    • Changes the manner of election of the Stokes County Board of Education from nonpartisan to partisan and to make the terms of all members four years.
16. SL 2019-110: (SB 399) Rehire High-Need Teachers  BILL SUMMARY
    • Permits retired teachers to return to work in certain high-needs schools without adversely impacting their retirement benefits.
17. SL 2019-120: (SB 500) Modify Advanced Math Course Enrollment  BILL SUMMARY
    • Beginning with the 2019-2020 school year, makes certain modifications to the implementation of advanced math courses offered when practicable for grades six and higher. Requires an annual report on the number and demographics of students eligible for advanced math courses.
18. SL 2019-122: (SB 686) Appointments Bill 2019 (Specific terms are listed in the session law)
    • Stephen Griffin of Durham County, Thomas Luckadoo of Catawba County, Richard L. Purcell of Mecklenburg County, Craig Hagood of Wake County, and Judith E. Irwin of Johnston County are appointed to the North Carolina Education and Workforce Innovation Commission.
    • W. Lentz Brewer of New Hanover County and Michael "Greg" Patterson of Wake County are appointed to the Board of Trustees of the Teachers' and State Employees' Retirement System.
    • Lawrence H. "Larry" Chewning, III, of Nash County and Lisa Grimes of Wake County are appointed to the State Health Plan for Teachers and State Employees Board of Trustees.
    • Mariann Tillery of Guilford County and Dr. Jennifer W. Olson of Wake County are appointed to the North Carolina Teaching Fellows Commission.
    • Lauren Genesky of Wake County, Meaghan Loftus of Mecklenburg County, Patrick Miller of Greene County, Hank Weddington of Catawba County, Anthony Graham of Guilford County, Glenda Jones of Mecklenburg County, Dr. Michael Maher of Wake County, and Ellen McIntyre of Mecklenburg County are appointed to the North Carolina Professional Educator Preparation and Standards Commission.
    • If HB 200, becomes law, then Dr. Charles Westley Wood of Wilkes County, Dr. Van O. Dempsey, III, of New Hanover County, Dr. Connie O. Locklear of Robeson County, Samuel H. Houston, Jr., of Wake County, Michael D. Hicks of Union County, Dr. Virginia Ann Bullock of Alamance County, Aaron Fleming of Harnett County, and Joseph W. Childers of Stokes County are appointed to the North Carolina Professional Educator Preparation and Standards Commission for terms expiring on August 31, 2020. are appointed to the North Carolina Professional Educator Preparation and Standards Commission.
19. SL2019-129: (HB 735) Adopt Rules Incorporating 2017 Food Code  BILL SUMMARY
    • Authorizes the Commission for Public Health to adopt rules incorporating all or part of the most recent edition of the United States Food and Drug Administration Food Code.
20. SL 2019-139: (HB 668) Various Higher Education Changes  BILL SUMMARY
    • Graduation from a North Carolina high school is permissible evidence that the student's residence is the parent's residence for establishing residency for in state tuition purposes for North Carolina community colleges and universities. However, this evidence alone does not establish legal residence in the State.
21. SL 2019-142: (HB 411) Modify School Qual./Student Success Indicator
    • Combines the Career and College Readiness indicators used for school performance grades and for the purpose of compliance with federal law for grades nine through twelve, to require the State Board of Education to include additional Career and College Readiness information on annual report cards.
22. SL 2019-149: (HB 107) PED Oversight/EPP Changes
    • Makes changes to the Educator Preparation Program performance standards and data reporting system.
23. SL 2019-154: (HB 362) 15-Point Scale For School Performance Grades  BILL SUMMARY
    • Adopts a fifteen-point scale in the determination of school performance grades, requires SBE to adopt emergency rules in preparation for permanent rule making, and directs SBE to study the reporting methods used for school accountability purposes on the NC annual school report cards.  
24. SL 2019-165: (SB 343) Various Education Law Changes  BILL SUMMARY
    • Changes to various education reports including date changes, repeals of certain reports, and modifications of information to be reported. Clarifies the Education Workforce Innovation Commission's membership; staggers the appointments to the Professional Educator Preparation and Standards Commission; and exempt the State Board's charter actions from contested case provisions.
25. SL 2019-166: (SB 391) Expand Youth Internship Opportunities  BILL SUMMARY
    • Creates an exception to the prohibition on youth participating in occupations found detrimental by the Commissioner of Labor for youth aged 16 to 18 who are participating in a supervised, practice experience.
26. SL 2019-167: (SB 478) Modify Appointment Reporting
    • Modifies the reporting requirement for gender-proportionate appointments to certain boards and commissions.  
27. SL 2019-176: (HB 922) Enhance Insurance Coverage/Educ. Buildings  BILL SUMMARY
    • Authorizes a Type I transfer and consolidation of the School Insurance Fund Section of DPI that oversees the management and operation of a system of insurance for public education property, to the Department of Insurance (DOI), as well as a transfer of the Public School Insurance Fund to DOI.  Local boards of education, regional schools, and community colleges would also be required to purchase flood insurance for all educational property.
28. SL 2019-177: (HB 264) GSC Technical Corrections 2019 
    • The Juvenile court counselor shall deliver verbal and written notification of actions to the principal of the school that the juvenile attends.
29. SL 2019-184: (SB 301) Regional School Modifications  BILL SUMMARY
    • Creates a withdrawal process for participating units from a regional school.
30. SL 2019-185: (SB 366) 9th/10th Grade/College Transfer Pathways  BILL SUMMARY
    • Expands academic transition pathway options and permits enrollment in college courses as part of a college transfer pathway for certain freshman and sophomore high school students. Requires the SBE to include certain individuals as qualified to contract as adjunct instructors with local boards of education for CTE programs.
31. SL 2019-192: (HB 961) Ensuring Authorization of Federal Funds
    • Provides certain federal funding in the absence of a new state budget.

• Complete List of Bills that are Session Law here.

• For complete bill history and summaries, click on the bill link.

Relevant Bills with Action

Bills Passed in Both Chambers

Presented to the Governor

1.  No K-12 public education bills are pending the Governor's signature at this time.

• Complete List of Bills Pending the Governor's Signature here.

Bills Vetoed by the Governor

1. HB 966: 2019 Appropriations Act  VETO Message
   • Base budget appropriations for current operations of state agencies, departments, and institutions. Governor Cooper’s veto message states his disappointment in the budget based on differing priorities between the Governor and General Assembly.
2. SB 392: Various Charter School Changes  BILL SUMMARY   VETO Message
   • Makes various changes to the laws affecting charter schools. Governor Cooper’s veto message states his concern about the lift on enrollment caps for virtual charter schools due to the low performance of schools in this pilot.

• Complete List of Bills vetoed by the Governor here.

Focus on the Student

High Profile Education Bills Heard in Committee this Week

SB 199: Child Sex Abuse/Strengthen Laws

SB 199 passed 3^rd reading 92-15 in the House this week and will be sent to the Senate for concurrence. The bill does the following:

• Part I. Title
• Names this act "The Sexual Assault Fast Reporting and Enforcement (Safe Child) Act of 2019."
• Part II. Expand Duty to Report Crimes Against Juveniles
• Current Law (G.S. 7B-301) requires any person who suspects a juvenile is abused or neglected to report to social services; failure to report is a class 1 misdemeanor. This bill adds the following provisions to the Protection of Minors General Statutes:
• Requires any adult who knows or should have reasonably known that a juvenile has been a victim of a violent offense, sexual offense, or child abuse to report to local law enforcement;
• Provides what information should be included in reports if known by the reporter;
• Makes failure to report cases of juvenile violent offenses, sexual offenses, and child abuse a class 1 misdemeanor;
• And makes any person that reports in good faith immune from any liability.
• Part III. Expanding Statute of Limitations for Misdemeanor Crimes
• Current law (G.S. 14-202.5) establishes the statute of limitations for most misdemeanors to be two years. This bill:
• Extends the statute of limitations to 10 years for some misdemeanor offenses, including failure to report, sexual battery, indecent liberties between children, misdemeanor child abuse, and failure to report crimes against juveniles.
• Part IV. Protecting Children Online from High-Risk Sex Offenders
• Current law (G.S. 14-202.5A) limits civil liability of commercial networking sites when they comply with law or make reasonable efforts to prevent registered sex offenders from accessing its site. This bill:
• Defines the term “high-risk sex offender” and “commercial social networking web site;”
• Establishes unlawful acts for high-risk sex offenders regarding commercial social networking websites and interactions with children under age 16;
• And protects social networking sites that comply with law regarding sex offenders from civil liability for any damages caused by sex offenders on their sites.
• Part V. Extend Civil Statute of Limitations and Require Training
• Extends the civil statute of limitations for child sex abuse to the plaintiff’s age of 38 and requires training on child sex abuse and sex trafficking for school personnel
• Requires all school personnel who work directly with K-12 students to receive 2 hours of training biennially on child sex abuse and child sex trafficking;
• Requires training to include “best practices from the field of prevention, the grooming process of sexual predators, the warning signs of sexual abuse and sex trafficking, how to intervene when sexual abuse or trafficking is suspected or disclosed, legal responsibilities for reporting, and available resources;
• And appropriates $50,000 for the 2019-2020 school year to assist LEAs with implementing the required training.

SB 458: PTS Injury Day/Cardiac Task Force/Titus's Law 

SB 458 was amended in House Committee on Health this week, and has been referred to the House Committee on Rules.   The bill establishes the Joint Legislative Task Force on Sudden Cardiac Arrest in Student Athletes. The Task Force will have nine members including appointments from the Senate, House, American Heart Association, NC High School Athletics Association, NC Athletic Trainers’ Association, the Secretary of Health and Human Services, and the Superintendent of Public Instruction.   The Task Force is directed to study the frequency of cardiac arrest and other heart conditions in student athletes, strategies that have been implemented by other jurisdictions to mitigate these risks in student athletes, the cost of requiring students athletes to be tested for heart conditions, and any other relevant topic areas.   It is important to note that “student athlete” has not been defined by statute nor in Department of Public Instruction policies.   The Task Force would submit a final report with the results of its study to the General Assembly by April 1, 2020.  BILL SUMMARY

Bills that Moved This Week 

• Passed the House - Sent to the Senate

• HB 231: NCCC Reorg. Authority & Career Coaches (Passed the House - Sent to the Senate)  BILL SUMMARY
• HB 305: Summer School Study/College Adv. Corps (Passed the House - Sent to the Senate)  BILL SUMMARY
• HB 372: UNC AP Scores & Funds/NCSSM-Morganton Campus (Passed the House - Sent to the Senate)  BILL SUMMARY
• SB 199: Child Sex Abuse/Strengthen Laws (Passed the House - Sent to the Senate) 

• Passed the Senate - Sent to the House 

•  None

• Conference Committee

• SB 212: NC FAST/Early Child/Transformation/ACH Assess (Conference Committee)
• SB 354: Sam's Law (Conference Committee not appointed yet)
• SB 438: Excellent Public Schools Act of 2019 (Conference Committee)
• SB 476: Compt-Based Assess. & Mental Hlth/Teen Violence (Conference Committee not appointed yet)
• SB 553: Regulatory Reform Act of 2019 (Conference Committee)  
• SB 621: Testing Reduction Act of 2019  (Conference Committee)

• Bills that are filed, referred to a committee or calendared for the House or Senate Floor 

  • SB 5: School Safety Omnibus (Senate Calendar for concurrence)  BILL SUMMARY
  • SB 123: Geo Iso Sch/Transp Eff Buff/Currituck Cty Sch. (Senate Calendar for concurrence)  BILL SUMMARY
  • SB 230: Excused Absences for Military Children (Referred to House Rules)  BILL SUMMARY
  • SB 295: Standards of Student Conduct (Amended (CS - Title Change) in House K-12 Ed - referred to House Rules)  BILL SUMMARY
  • SB 392: Various Charter School Changes (Referred to Senate Rules) Veto Message  BILL SUMMARY   
  • SB 458: PTS Injury Day/Cardiac Task Force/Titus's Law (Amended (CS - Title Change) in House Health - referred to House Rules)  BILL SUMMARY
  • SB 522: Low-Perf. Schools/Stand. Student Conduct (Senate Calendar for concurrence)  BILL SUMMARY
  • SB 681: Rur Hlth Care/Loc. Sales Tax Flex/Util. Acct. (Passed House Rules - Placed on House Calendar)  BILL SUMMARY

• For complete bill history and summaries, click on the bill link.

2019 Long Session LINK for bills impacting K-12 education. LINK to K-12 Public Education Bills that made Crossover. NCGA Crossover List - LINK.

Next Week's Education-Related Legislative Calendar

August 5 - August 9:  Legislative Meeting Calendar

Monday, August 5, 2019

  2:00 p.m.: Senate: Session Convenes                                                                  Senate | Audio

  3:00 p.m.: House: Rules, Calendar, and Operations of the House

North Carolina General Assembly 

ONLINE RESOURCES:

• Highlights of the NC Public School Budget 2018
• DPI/SBE Reports to the General Assembly
• About the Legislature
• Who Represents Me?
• How a Law is Made
• House Member List
• Senate Member List
• North Carolina Constitution
• House Page Program
• Senate Page Program
• Governor’s Page Program
• Youth Legislative Assembly
• Educational Resources
• An Introduction to the NC General Assembly – Elementary School Ages
• NC Government – Middle School Ages

Legislative Info and Acronyms 

This section includes details pertaining to acronyms and bill information referenced throughout the K-12 Education Legislative Update newsletters.   Biennium- A two-year term of legislative activity Public Bill- Legislation enacted into law that applies to the public at large Local Bill- Legislation put into law that has limited application (How many counties)- Local bills do not have to be signed by the governor Sponsor- The legislator who presents a bill or resolution for consideration Resolution- A document that expresses the sentiment or intent of the legislature or a chamber. Resolutions, when finalized, go to the Secretary of State Glossary of Legislative Terms- LINK   DPI = NC Department of Public Instruction LEA = Local Education Agency NCGA = North Carolina General Assembly LB/LOB = Legislative Building/Legislative Office Building  SBE = North Carolina State Board of Education   HB/SB = House Bill/Senate Bill JR = Joint Resolution SL = Session Law GS = General Statute  PCS = Proposed Committee Substitute

OFFICE OF THE STATE BOARD OF EDUCATION CONTACT INFORMATION:

• Cecilia Holden  – Director of Government and Community Relations |  919-807-3406
• Anne Murtha  –  Legislative Specialist  |  919-807-3403

OFFICE OF THE NC SUPERINTENDENT OF PUBLIC INSTRUCTION CONTACT INFORMATION:

• Karson Nelson –  Legislative Assistant 

To view previous 2019 Weekly Legislative Updates click here.

 The NC Department of Public instruction offers a number of topics for subscription.

• To subscribe to the Weekly Legislative Update, click here.
• To subscribe to other NC Department of Public Instruction topics, click here.