EDUCATION LAW CHANGES.-AB

View NCGA Bill Details2021
House Bill 159 (Public) Filed Wednesday, February 24, 2021
AN ACT TO MAKE VARIOUS CHANGES TO EDUCATION LAWS.
Intro. by Torbett, Blackwell.

Status: Re-ref Com On Appropriations/Base Budget (Senate action) (Jun 30 2021)

SOG comments (2):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION BONUSES FOR TEACHERS AND INSTRUCTIONAL SUPPORT PERSONNEL IN CERTAIN PUBLIC SCHOOLS AND TO MAKE VARIOUS CHANGES TO EDUCATION LAWS, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC INSTRUCTION.

Long title change

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION BONUSES FOR TEACHERS AND INSTRUCTIONAL SUPPORT PERSONNEL IN CERTAIN PUBLIC SCHOOLS AND TO MAKE VARIOUS CHANGES TO EDUCATION LAWS.

Bill History:

H 159

Bill Summaries:

  • Summary date: Jun 30 2021 - More information

    Senate committee substitute makes the following changes to the 5th edition.

    Part III.

    Deletes the proposed changes to GS 115C-450 regarding school food services. Instead, directs the Department of Public Instruction (DPI) to require all local school nutrition programs to submit 11 categories of specified information in relation to the 2018-19, 2019-20, and 2020-21 school years, by September 15, 2021. Directs DPI to compile the information submitted and provide the responses to the specified NCGA committee by December 15, 2021.

    Part IV.

    Further revises GS 115C-218.1(c) to now require the State Board of Education (State Board) to charge a $1,000 initial and renewal charter application fee (previously, required the State Board to establish a $1,000 fee, in accordance with the Administrative Procedure Act). 


  • Summary date: Jun 16 2021 - More information

    Senate committee substitute makes the following changes to the 4th edition.

    Part I.

    Deletes part of the proposed changes to GS 115C-302.1(b), which eliminated the deadline for a teacher to request 12 salary installment payments and eliminated the prohibition from teachers employed less than 10 months from receiving their salaries in 12 installments. Maintains the new requirement for local administrative units to fulfill the requirement for installment payments through a payroll deduction plan. 

    Adds to the proposed changes to GS 115C-316(a)(2), regarding payment of school employees, to similarly direct local administrative units to fulfill the requirements for installment payments for eligible employees who so request through a payroll deduction plan. Makes further clarifying and technical changes.

    Part II.

    Amends the proposed changes to Section 2.3 of SL 2020-80 to further extend the due date of the State Board of Education's (SBE) report to the specified NCGA committee on unpaid meal charges in local school administrative units from October 15, 2022, to October 15, 2023. Eliminates the proposed changes that would have allowed, beginning June 30, 2021, the funds transferred from the School Bus Replacement Fund to the State Public School Fund to provide free school lunches to students of all grade levels qualifying for reduced-price meals to be used in 2021-22 in addition to 2020-21. 

    Part III.

    Revises the proposed changes to GS 115C-450 regarding school food services. Now prohibits public school units that provide school nutrition services from assessing indirect costs to a school nutrition program unless the program has an operating balance of at least two months (was, at least three months).

    Part IV.

    Eliminates the previous content of Part IV., which made, for the 2020-21 school year, any student in the 12th grade who has not completed instruction in cardiopulmonary resuscitation eligible to graduate if two criteria are met; Part V., which amended GS 115C-105.57 to require that public school units report to the Center for Safer Schools (Center) annually regarding school resource officers as part of the Center's annual census of school resource officers, and required the Center to compile the information submitted by the public school units and report that information at the statewide and local levels to the already specified entities; Part VII., which amended GS 115C-270.20 to require that a professional educator who meets the requirement of the statute for a lifetime license as a professional educator be issued a lifetime license; and Part VIII., which made various amendments to Article 6C (concerning the Education and Workforce Innovation Program) of GS Chapter 115C. Makes conforming organizational changes to renumber the remaining parts and sections of the act.

    Part XI.

    Changes the deadline by which the Department of Public Instruction must administer the proposed bonus payment to teachers employed as of April 1, 2021, in a school for students with visual and hearing impairments from April 30, 2021, to 30 days after the date the act becomes law. 


  • Summary date: Apr 1 2021 - More information

    House amendment to the 3rd edition makes the following changes.

    Reinstates the provisions of previous Part I., as proposed in the 1st and 2nd editions and eliminated from the 3rd edition, which provide for a one time $350 bonus for teachers employed in a school for students with visual and hearing impairments, with the following changes. No longer appropriates funds for the bonuses; instead requires the Department of Public Instruction to administer the bonuses within available funds. Organizes the provisions as Part X. Makes conforming organizational changes. 


  • Summary date: Mar 31 2021 - More information

    House committee substitute to the 2nd edition makes the following changes.

    Eliminates the provisions of previous Part I., which provided for a one time $350 bonus for teachers employed in a school for students with visual and hearing impairments. Eliminates accompanying appropriations. Makes conforming organizational changes

    Further amends GS 115C-302.1 (previously in Part II., now organized as Part I.) to authorize local school administrative units to fulfill the teacher salary installment requirements through a payroll deduction plan.

    Amends the act's long title. 


  • Summary date: Mar 9 2021 - More information

    House committee substitute to the 1st edition makes the following changes.

    Part I.

    Specifies that the funds for the $350 bonus paid to teachers in a school for students with visual and hearing impairments do not supplant any existing compensation funds (was, local funds). 

    Further amends GS 115C-316(a)(2) to expand the provisions to permit salary payments in 12 installments for employees employed for 11 calendar months. Makes conforming changes.

    Part IV.

    Adds a new subsection to GS 115C-450 to prohibit a public school unit that provides school nutrition services from assessing indirect costs that are more than 8% of a school nutrition program's annual budget per fiscal year. 

    Part VIII.

    Amends GS 115C-270.20 by deleting the changes that require that a professional educator who meets the requirement of the statute for a lifetime license as a professional educator be issued a lifetime license. Instead, amends the statute as follows. Deletes (a)(4), which sets out the requirements for a lifetime license (which specified that a teacher is determined to have completed the required 30 or more years of teaching when the teacher holds a current NC teaching license and has completed 30 or more years of creditable service with the Teachers' and State Employees' Retirement System). Enacts (d), which requires the State Board of Education to issue a lifetime license to an individual currently licensed as a professional educator who has met at least one of the following: (1) completed 30 or more years of creditable service with the Teachers' and State Employees' Retirement System or (2) completed a combined total of 30 or more years of employment as a licensed teacher, administrator, or student services personnel in one or more public school units in this state.

    Part IX.

    Amends the proposed changes to Article 6C, GS Chapter 115C, to include charter school students in the Education and Workforce Innovation and Career and Technical Education (CTE) Grade Expansion Program. Specifies that local administrative school units can use program grants for CTE programs at one or more schools in the unit. 

    Part X.

    Adds the following. Amends GS 115C-12 to require the State Board of Education (Board) to adopt any rules, regulation, policies, standards, or statements of general applicability in accordance with GS Chapter 150B (Administrative Procedure Act); specifies that such provisions are only valid if they are adopted in substantial compliance with GS Chapter 150B.

    Specifies that the current standards that make up the standard course of study, which are subject to rule making, are deemed permanent rules so long as: (1) the standards were adopted by the Board before January 1, 2021, and (2) the Board submits the standards to the Codifier of Rules in the specified format no later than 60 days after this section becomes effective. Provides that the permanent rules will be effective on the date that they are submitted to the Codifier. Makes any standards that do not meet these criteria subject to GS Chapter 150B. Requires the standard course of study to continue to be revised on the timeline provided in the comprehensive plan developed by the Board and in accordance with the rulemaking process in GS Chapter 150B. Requires the Codifier to publish notice of the permanent rules online when the Codifier enters the permanent rules into the NC Administrative Code.

    Amends SL 2019-82 to make the requirements of SL 115C-81.45(d) (which required the Board to require high school instruction in civic and citizenship education through a full-credit course called Founding Principles of the United States of America and North Carolina: Civic Literacy and that encouraged inclusion of the specified components) applicable to students entering the 9th grade in the 2022-23 school year (was, the 2021-22 school year).

    Amends the act's long title.


  • Summary date: Feb 25 2021 - More information

    Part I.

    Requires the Department of Public Instruction (DPI) to pay a one-time lump sum bonus of $350 by April 30, 2021, to every teacher who, as of April 1, 2021, is employed as a teacher in a school for students with visual and hearing impairments. Specifies the intent that these bonuses complement the bonuses provided to other teachers in Section 2 of SL 2020-45. Defines teacher as teachers and instructional support personnel. Excludes the bonuses from compensation under Article 1 (Retirement System for Teachers and State Employees) of GS Chapter 135. Excludes from the bonus any teacher no longer employed as a teacher due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to April 1, 2021. Specifies that funds provided in this section supplement the compensation of a public school employee and not supplant local funds. Appropriates $55,000 for 2020-21 from the General Fund to DPI to provide the bonuses. 

    Part II.

    Amends GS 115C-302.1 to allow individual teachers who are not employed in a year-round school to be paid in 12 monthly installments when requested by the teacher (removes the requirement that the teacher make the request on or before the first day of the school year). Makes conforming changes to GS 115C-316. Removes the provision prohibiting teachers employed for less than 10 months from receiving their salary in 12 installments.

    Part III.

    Amends Section 2.3 of SL 2020-80 to extend the due date of the State Board of Education's (SBE) report to to the specified NCGA committee on unpaid meal charges in local school administrative units from October 15, 2021, to October 15, 2022. Effective June 30, 2021, allows the funds transferred from the School Bus Replacement Fund to the State Public School Fund to provide free school lunches to students of all grade levels qualifying for reduced-price meals to be used in 2021-22 in addition to 2020-21. Makes conforming changes. 

    Part IV.

    Amends GS 115C-450 as follows. Requires school nutrition services to be included in the budget of each public school unit providing school nutrition services (was, required school food services to be included in the budget of each local school administrative unit) and requires the SBE to provide for school nutrition services in the uniform budget format. Prohibits public school units that provide school nutrition services from assessing indirect costs to a school nutrition program unless the program has an operating balance of at least three months (was, local school administrative units were prohibited from assessing indirect costs to a child nutrition program unless the program has a minimum of one month's operating balance). Deletes the formula for calculating operating balance, and instead requires DPI to calculate the operating balance of a school nutrition program of a public school unit that provides school nutrition services. Amends the definition of indirect costs. Makes additional conforming and technical changes. Effective July 1, 2021.

    Part V. 

    Makes, for the 2020-21 school year, any student in the 12th grade who has not completed instruction in cardiopulmonary resuscitation eligible to graduate if: (1) instruction in cardiopulmonary resuscitation cannot be completed due to the COVID-19 emergency and (2) the student is eligible to graduate in all other respects, as determined by the principal of the school to which the student is assigned.

    Part VI. 

    Amends GS 115C-105.57 to require that public school units report to the Center for Safer Schools (Center) annually by January 15 on the specified information regarding school resource officers, as part of the Center's annual census of school resource officers. The information to be reported by schools is the same as that previously required to be included in the Center's annual report. Makes conforming changes. Requires the Center to compile the information submitted by the public school units and report that information at the statewide and local levels to the already specified entities.

    Part VII.

    Amends GS 115C-218.1 to set the fee for initial and renewal charter applications at $1,000 (was, a reasonable fee of no less than $500 and no more than $1,000).

    Part VIII.

    Amends GS 115C-270.20 to require that a professional educator who meets the requirement of the statute for a lifetime license as a professional educator be issued a lifetime license.

    Part IX.

    Amends Article 6C (concerning the Education and Workforce Innovation Program) of GS Chapter 115C as follows. Adds the CTE Grade Expansion Program to the scope of the Article. Makes changes throughout to combine the Education and Workforce Innovation Program and CTE Grade Expansion Program, now known as the Education and Workforce Innovation and CTE Grade Expansion Program (Program). Allows up to 10% of the funds appropriated for the Education and Workforce Innovation and CTE Grade Expansion Program to be used by DPI for technical and administrative assistance. No longer prohibits members of the North Carolina Education and Workforce Innovation Commission (Commission) from sending designees to meetings. Requires the Program to prioritize the inclusion of students in sixth and seventh grades through grant awards provided to selected local school administrative units. Requires Program funds to be used to award competitive grants depending on the State's needs, determined by the Commission, by dividing the grants between each type as innovation grants or as grants for grade expansion for career and technical education. Amends the innovation grant provisions to requires the grants to be used to advance comprehensive, high-quality education that equips teachers and other hired personnel (was, teachers) with knowledge and skill required to succeed with all students. Requires innovation grant recipients to provide a description of the funds that will be used and a proposed budget for each of the grant years (was, for five years). Amends GS 115C-64.17 by making conforming changes to make those provisions applicable to grants for career and technical education grade expansion. Makes additional conforming, technical, and clarifying changes.

    Requires that of the funds appropriated to DPI from the General Fund for 2021-22 for the North Carolina Education and Workforce Innovation Commission for the Education and Workforce Innovation Program and for the Career and Technical Education Grade Expansion Program, beginning in 2021-22, to instead  appropriate $3,171,118 in recurring funds to DPE for the Commission for the Program. 

    Effective July 1, 2021.


Printer-friendly: Click to view