STRENGTHENING EDUCATORS' PAY ACT. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 354 (Public) Filed Monday, March 25, 2019
AN ACT, CONSISTENT WITH HOUSE BILL 966 OF THE 2019 REGULAR SESSION, TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN PUBLIC SCHOOL PERSONNEL AND, CONTINGENT UPON THE PASSAGE OF HOUSE BILL 966 OF THE 2019 REGULAR SESSION, TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN EDUCATIONAL EMPLOYEES AND INCREASED FUNDING FOR TUITION GRANTS FOR GRADUATES OF THE NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS. APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN EDUCATIONAL EMPLOYEES AND INCREASED FUNDING FOR TUITION GRANTS FOR GRADUATES OF THE NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS.
Intro. by Ballard, Edwards, Harrington.

Status: Failed To Override Veto (Jan 14 2020)

SOG comments (3):

Long title change

Senate committee substitute to the 1st edition changed the long title.  Original title was AN ACT TO REQUIRE STUDENT AND FAMILY FAIR NOTICE AND AN IMPACT STATEMENT PRIOR TO THE CLOSING OR RESTRUCTURING OF A CHARTER SCHOOL.

Long title change

House committee substitute to the 2nd edition changed the long title.  Original title was AN ACT TO REQUIRE NOTICE TO PARENTS PRIOR TO CLOSING A CHARTER SCHOOL OR MATERIALLY REVISING ITS CHARTER.

Long title change

Conference report changed the long title. Previous title was AN ACT RELATING TO SEIZURE DISORDERS IN SCHOOLS.

Bill History:

S 354

Bill Summaries:

  • Summary date: Nov 13 2019 - More information

    The Governor vetoed the act on 11/08/19. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2019/6875/0/S354-BD-NBC-8371.


  • Summary date: Oct 30 2019 - More information

    Conference report deletes the provisions of the 4th edition and now provides the following.

    Part I.

    Provides that the Part provides for compensation of certain public school employees in accordance with HB 966 in the event that act does not become law.

    Appropriates from the General Fund for the 2019-21 fiscal biennium $74,218,772 and $119,137,544 for the 2019-20 and 2020-21 fiscal years to provide legislatively mandated compensation increases for public school employees authorized by the Part. Makes allocations in specified amounts for specified entities for the 2019-20 and 2020-21 fiscal years, providing for recurring and nonrecurring amounts.

    Deems departmental receipts appropriated for the fiscal biennium up to the amounts needed to implement the salary increases provided for each year.

    Sets forth the "A" Teacher Salary Schedule  for the 2019-20 fiscal year for licensed personnel of public schools who are classified as teachers, based on years of experience, ranging from $3,500 to $5,260. Additionally sets forth salary supplements for licensed teachers who have NBPTS certification (12%), are classified as "M" teachers (10%), have licensure based on academic preparation at the six-year degree level ($126 over the supplement provided to "M" teachers), have licensure based on academic preparation at the doctoral degree level ($253 over the supplement provided to "M" teachers), certified nurses (10%), and certified school counselors ($80), as specified.

    Requires that the first step of the salary schedule for school psychologists, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher, must be equivalent to the sixth step of the "A" salary schedule. Provides for a 10% salary supplement. Deems these employees eligible to receive salary supplements equivalent to those of teachers for academic preparation at the six-year degree level or the doctoral degree level.

    Requires that the twenty-sixth step of the salary schedule for school psychologists, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher, must be 7.5% higher than the salary received by these same employees on the twenty-fifth step of the salary schedule.

    Provides that in lieu of the amounts of annual longevity payments to teachers paid on the teacher salary schedule, beginning with the 2014-15 fiscal year, the amounts of those longevity payments are included in the monthly amounts under the teacher salary schedule.

    Details teacher compensation for the 2019-20 school year based on either the applicable salary schedule or whether the teacher was eligible for longevity pay for the 2013-14 school year, with the compensation amount determined to be the greater amount. Provides that teacher includes instructional support personnel.

    States the legislative intent to implement the specified Teacher Monthly Salary Schedule for the 2020-21 fiscal year, applicable to licensed personnel of public schools who are classified as teachers, which provides for base salary based on years of experience, ranging from $3,500 to $5,310. 

    Requires a highly qualified graduate employed by a local board of education to receive a monthly salary supplement at the highest qualifying level for the 2019-21 fiscal biennium. Defines highly qualified graduate to mean an individual entering the teaching profession and hired on or after July 1, 2019, who has graduated from an approved educator preparation program located in the state and meets specified GPA and assessment score criteria. Details salary supplement amounts and provides increased amounts for teachers initially employed in low-performing schools and those licensed and employed to teach in the areas of special education, science, technology, engineering, or mathematics. Limits the scope of the provisions to highly qualified graduates hired on or after July 1, 2019, and entering the teaching profession in the 2019-21 fiscal biennium. 

    Directs the Department of Public Instruction (DPI) to administer a one-time, lump sum bonus of $500 by November 30, 2019, for any licensed teacher of the public schools who, as of November 1, 2019, is employed as a teacher and has 25 years of teaching experience. Clarifies this bonus is in addition to other wages and bonus the teacher receives or is scheduled to receive. Deems the bonus is not compensation under the State Teachers' and State Employees' Retirement System (TSERS). Defines teacher to include instructional support personnel. States the legislative intent to require DPI to administer another one-time, lump sum bonus of $500 by October 31, 2020, for any licensed teacher of the public schools who, as of October 1, 2020, is employed as a teacher and has 25 or more years of teaching experience.

    Provides that for the 2019-20 fiscal year, assistant principals are to receive a monthly salary based on the "A" teacher salary schedule plus 19%, with placement based on total years of experience as a certified employee of the public schools. Deems an administrator with a one-year provisional assistant principal's certificate equivalent to an assistant principal. 

    Requires assistant principals with certification based on academic preparation at the six-year degree level to be paid a salary supplement of $126 per month, and at the doctoral degree level to be paid a salary supplement of $253 per month.

    Provides for a 10-month stipend for participants in an approved full-time master's in-school administration program. Details limitations and required certification.

    Provides that in lieu of the amounts of annual longevity payments to assistant principals paid on the assistant principal salary schedule, beginning with the 2017-18 fiscal year, the amounts of those longevity payments are included in the monthly amounts provided to assistant principals pursuant to the act. 

    Details assistant principal compensation for the 2019-20 school year based on either the applicable salary determined by the act or whether the principal was eligible for longevity pay for the 2016-17 fiscal year, with the compensation amount determined to be the greater amount.

    Mandates a legislative salary increase of 1% for the 2019-20 fiscal year for superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers (collectively: administrators) whose salaries are supported by the State. States the legislative intent to provide another legislatively mandated salary increase of 1% for administrators in the 2020-21 fiscal year, beginning July 1, 2020.

    Sets forth monthly salary maximums for the 2019-20 fiscal year for assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance directors, ranging from $6,697 to $8,951. Requires local boards to place each administrator in the appropriate category and within funds appropriated. Requires the category to be included in the employee's contract. Sets forth monthly salary maximums for the 2019-20 fiscal year for superintendents, ranging from $9,488 to $11,978. Requires local boards to place each administrator in the appropriate category and within funds appropriated.

    Requires longevity pay for administrators to be as provided for State employees under the NC Human Resources Act.

    Requires administrators with certification based on academic preparation at the six-year degree level to receive a monthly salary supplement of $126. Requires administrators with certification based on academic preparation at the doctoral degree level to receive a monthly salary supplement of $253.

    Prohibits the State Board of Education (State Board) from permitting local school administrative units from transferring State funds from other funding categories for salaries for public school central office administrators. 

    States the legislative intent to apply the schedule of monthly salary maximums set forth for the 2020-21 fiscal year for assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers, ranging from $6,764 to $9,040.

    States the legislative intent to apply the schedule of monthly salary maximums set forth for the 2020-21 fiscal year for superintendents, ranging from $9,583 to $12,097.

    Establishes a legislatively mandated salary increase of 1% for the 2019-20 fiscal year for noncertified public school employees who are permanent, full-time employees on a 12-month contract, and whose salaries are supported from State funds. Provides for a prorated salary increase for permanent, full-time employees on a 12-month contract; permanent, part-time employees; and temporary and permanent hourly employees. Establishes a legislatively mandated salary increase of 1% for the 2020-21 fiscal year noncertified public school employees who are permanent, full-time employees on a 12-month contract, and whose salaries are supported from State funds. Provides for a prorated salary increase for permanent, full-time employees on a 12-month contract; permanent, part-time employees; and temporary and permanent hourly employees. 

    Directs DPI to administer a signing bonus program in the 2019-20 school year to provide bonuses to eligible employees who are employed by an eligible employer and matched on the basis of 1:1, up to $2,000 in State funds. Limits eligible employees to persons who accept employment as a teacher with an eligible employer (defined to mean the governing board of a local unit that received small county school system supplemental funding in the 2018-19 fiscal year) who was not employed by an eligible employer in the 2018-19 fiscal year, and who is employed by the eligible employer as of December 1, 2019. Defines teacher to include instructional support personnel. Prohibits a teacher from receiving future signing bonuses until July 1, 2022; excludes legislative bonuses that are not signing bonuses. Clarifies that the bonuses are in addition to other wages and bonuses, and are not compensation under TSERS.

    Repeals the following: Sections 8.8 and 8.9 of SL 2016-94 (regarding the AP/International Baccalaureate Teacher Bonus Pilot Program and the Industry Certifications and Credentials Teacher Bonus Pilot Program); Sections 8.8B (regarding the previously named pilots, the Third Grade Read to Achieve Teacher Bonus Program), 8.8C (regarding the previously named programs), 8.8D (regarding the Fourth and Fifth Grade Reading Teacher Bonus Pilot Program), and 8.8E (regarding the Fourth to Eighth Grade Math Teacher Bonus Pilot Program) of SL 2017-57; Section 2.10 (regarding the previously named programs) of SL 2017-197; and Sections 8.10, 8.11 and 8.12 of SL 2018-5 (all regarding the previously named programs).

    Directs the State Board to establish a teacher bonus program for the 2019-21 fiscal biennium. Sets outs defined terms. Provides for the following bonuses, subject to the qualifications provided: a $50 AP course bonus; a qualifying career and technical education (CTE) bonus ranging from $25 to $50; and $2,000 statewide and local EVAAS bonuses (accompanied by a $5 million allocation for each EVAAS bonus type). Details limitations and other qualifying criteria, including bonus caps based on the type of bonus or qualifications. Provides that bonuses awarded are payable to qualifying teachers in January based on data from the previous school year. Clarifies that the bonuses are in addition to other wages and bonuses, and are not compensation under TSERS. Additionally, provides for bonuses for identified teachers, defined as those teachers having qualified for specified teacher bonuses under specified session laws, following bonus compensation in January of 2020 for third grade reading, fourth and fifth grade reading, and fourth to eighth grade math. Details bonus qualification and compensation of identified teachers. Directs the State Board to study the effect of the program on teacher performance and retention and report its findings and the bonuses awards annually to the specified NCGA leaders, committee, and division by March 15. Details required content of the report. Applies to bonuses awarded in January 2020 and 2021, based on the data for the 2018-19 and 2019-20 school years, respectively.

    Requires employees of schools operated by the Department of Health and Human Services (DHHS), the Department of Public Safety (DPS), and the State Board who are paid on the Teacher Salary Schedule to be paid as authorized in Part I.

    Part II.

    Subject to HB 966 becoming law, amends Section 2.1 of that act to adjust the budget requirements and net appropriations set forth for the 2019-21 fiscal biennium in specified amounts for specified departments, institutions, and agencies.

    Repeals Section 2.2(a), regarding General Fund availability, of HB 966 if that act becomes law.

    Subject to HB 966 becoming law, adds a new subsection to Section 2.2 to set forth the General Fund availability for each year of the 2019-21 fiscal biennium.

    Amends Section 2.2(c) of HB 966 if that act becomes law to increase the amounts directed to be transferred to the State Capital and Infrastructure Fund to $1,517,657,170 in 2019-20 (was, $200 million) and $1,338,522,334 in 2020-21 (was, $100 million). Eliminates the qualification that the transferred amounts are in addition to the amounts required under specified state law and instead provides that the amounts are to be transferred notwithstanding any other law to the contrary.

    Amends Section 2.2(d) of HB 966 if that act becomes law to increase the amounts directed to be transferred to the Savings Reserve to $86,965,000 in 2019-20 (was, $40 million) and $623,515,000 in 2020-21 (was, $460 million). Eliminates the qualification that the transferred amounts are in addition to the amounts required under specified state law and instead provides that the amounts are to be transferred notwithstanding any other law to the contrary.

    Amends Section 7B.1 of HB 966 if that act becomes law to set forth an "A" Teacher Monthly Salary Schedule for the 2020-21 fiscal year, based on years of experience, ranging from $3,500 to $5,260 (previously, only stated the legislative intent to provide the salary schedule for 2020-21, with a maximum range to $5,310). Makes conforming changes to the provisions of Section 7B.1 to make the salary supplements and compensation calculations also applicable to the 2020-21 fiscal year. 

    Amends Section 7B.7 of HB 966 if that act becomes law to increase the legislatively mandated salary increase for administrators for the 2019-20 fiscal year from 1% to 2%. Also establishes a 2% legislatively mandated salary increase for administrators for the 2020-21 fiscal year (previously, provided legislative intent of 1% increase for 2020-21). Increases the monthly salary maximums set forth for school administrators (excluded superintendents) for the 2019-20 fiscal year, now ranging from $6,764 to $9,039 (was, $6,697 to $8,951), and establishes a monthly salary maximum for school administrators (excluding superintendents) for the 2020-21 fiscal year, ranging from $6,899 to $9,220 (previously not included). Increases the monthly salary maximums set forth for superintendents for the 2019-20 fiscal year, now ranging from $9,582 to $12,096 (was, $9,488 to $11,978), and establishes a monthly salary maximum for superintendents for the 2020-21 fiscal year, ranging from $9,774 to $12,338 (previously not included). Makes conforming changes to the provisions of Section 7B.7 to eliminate the legislative intent stated for 2020-21 maximum salary schedules for administrators and superintendents. 

    Amends Section 7B.8 of HB 966 if that act becomes law to increase the legislatively mandated salary increase for permanent, full-time public school employees on a 12-month contract by 2% rather than 1% for the 2019-20 fiscal year. Also establishes a 2% legislatively mandated salary increase for permanent, full-time employees on a 12-month contract by 2% for the 2020-21 fiscal year (previously, provided legislative intent of 1% increase for 2020-21).

    Amends HB 966 if that act becomes law to enact a new section to provide for a one-time, lump sum bonus to any noncertified public school employee whose salary is supported from State funds that is equivalent to 0.5% of that person's salary. Requires administration of the bonus by October 31, 2020. Adds that bonuses are in addition to other wages and bonuses, and are not compensation under TSERS. Excludes from eligibility individuals no longer employed or whose last workday is prior to October 1, 2020.

    Amends GS 116-209.90, as enacted by HB 966, if HB 966 becomes law, to allow students who receive initial tuition grants as a cohort of a graduating class of the NC School of Science and Mathematics (NCSSM) to be eligible to apply for tuition grants for subsequent academic years for up to a total of four academic years (previously, limited to the student's first academic year after graduation). Requires a student to be continuously enrolled in a constituent institution after the initial grant award to be eligible for grants in subsequent academic years. Grants the State Education Assistance Authority the discretion to waive this requirements if the student demonstrates that his or her pursuit of a degree is substantially disrupted or interrupted by a military service obligation, serious medical debilitation, short-term or long-term disability, or other extraordinary hardship. Deems students who graduated from NCSSM in 2018-19 and were awarded a tuition grant for the 2019-20 academic year are included in the award of tuition grants under the statute beginning with the 2020-21 academic year.

    Subject to HB 966 becoming law, additionally appropriates $69,658,568 for the 2019-20 fiscal year and $175,830,381 for the 2020-21 fiscal year to be allocated in specified amounts and for specified purposes, including public school employee compensation, community college compensation, UNC System employee compensation, and math tuition grants for the NCSSM graduates.

    Conditions the above provisions of Part II upon HB 966 becoming law.

    Part III.

    Defines the scope and application of the legislative salary increases of Part I, excluding from the increases persons no longer employed or whose last workday was prior to June 30, 2019, or June 30, 2020, for the 2019-20 and 2020-21 fiscal years, respectively. Excludes payroll checks issued after July 1, 2019, and July 1, 2020, respectively. Deems Part I of the act to supersede specified state law in the event they conflict.

    Part IV.

    Subject to HB 966 not becoming law, Part I of the act remains in effect. Subject to HB 966 becoming law, Sections 1.2, 1.3, 1.4, 1.6, 1.7, and 1.8 of this act are repealed, and Sections 7B.3A, 7B.9, and 7B.10 of HB 966 are repealed. 

    Repeals Sections 2.1, 2.2, 2.6, and 3.1 of HB 377 (Teacher Step Act) if that act becomes law.

    Repeals Section 3.6(b)(3) of HB 111 (2019-21 Base Budget/Certain Agencies) if that act becomes law.

    Part V. 

    Provides that the act is effective July 1, 2019.

    Makes conforming title changes.


  • Summary date: Jul 8 2019 - More information

    House committee substitute to the 3rd edition makes the following changes. 

    Limits the definition of school in GS 115C-375.7 to a school within a public school unit, eliminating the inclusion of a school that meets the requirements of Part 1 (Private Church Schools and Schools of Religious Charter) or Part 2 (Qualified Nonpublic Schools) of Article 39. Makes changes throughout the statute by making requirements applicable to public school units instead of to schools. Adds that a volunteer must not administer or assist with the self-administration of any seizure medication if the volunteer has not met the adopted training requirements. Requires that the seizure education program be administered annually in each school (was, in each public school unit) and meet the specified requirements. 

    Amends GS 116-11 to require the UNC Board of Governors to adopt a policy regarding seizures and the rule adopted by the State Board of Education for all schools (was, all public school units) under its control.

    Amends new GS 115C-548.5 and GS 115C-556.5 to encourage (was, to require) private church schools or schools of religious charter and qualified nonpublic schools to adopt a policy on seizures in accordance with GS 115C-375.7.


  • Summary date: Jun 25 2019 - More information

    House committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following. 

    Names the act either the Seizure Safe Schools Act of 2019, or Sam’s Law.

    Enacts new GS 115C-375.7 to allow the parent of any student to petition a school for the development of a seizure action plan if the student is diagnosed with a seizure disorder and is enrolled in the school. Defines school as a school within a public school unit or a school that meets the requirements of Part 1 (Private Church Schools and Schools of Religious Charter) or Part 2 (Qualified Nonpublic Schools) of Article 39. Public school unit is defined as a local school administrative unit, charter school, regional school, or a school providing elementary or secondary instruction operated by the State Board of Education or the University of North Carolina.

    Requires the seizure action plan to be kept on file in the office of a school administrator or school nurse and requires that the plan be available to any school personnel and, with the parent’s permission, any volunteer responsible for supervising the student. Makes the parent and school unit responsible for developing the plan in accordance with policies and procedures developed by the school unit’s governing body and requires the plan to include three specified components. Requires at least one employee in each school in the school to be trained to administer or assist with administering seizure medication. Requires the governing body of each school to adopt (1) minimum training requirements, consistent with specified training guidelines, for employees and volunteers that may supervise students with seizure disorders if the volunteer elects to receive the training; (2) a policy outlining the requirements of an annual seizure education program for all school personnel having direct contact with students in K-12, which must meet specified requirements; and (3) a policy requiring all principals, guidance counselors, and teachers to complete at least one hour of self-study review of seizure disorder materials each school year. Requires displaying a seizure first aid poster in each school. Provides that no governing body of any school, nor its members, employees, designees, agents, or volunteers are liable in civil damages to any party for any act authorized by the statute or for any omission relating to that act, unless the act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing. 

    Amends GS 115C-12 to require the State Board of Education to develop a rule on seizures in accordance with GS 115C-375.7.

    Amends GS 115C-47 to require each local board of education to adopt a rule on seizures in accordance with GS 115C-375.7. Amends GS 115C-218.75, GS 115C-238.66, and GS 116-11 to require charter schools, regional schools, the UNC Board of Governors, private church schools or religious charter schools, and qualified nonpublic schools, respectively, to adopt a policy regarding seizures and the rule adopted by the State Board of Education. Enacts new GS 115C-548.5 and GS 115C-556.5 to require  private church schools or schools of religious charter and qualified nonpublic schools to adopt a policy on seizures in accordance with GS 115C-375.7.

    Amends GS 115C-564 making home schools exempt from new GS 115C-375.7.

    Repeals GS 115C-375.7(a)(2) as enacted by this act, if House Bill 57, An Act to Create a Term for Public Schools that Includes the Various Types of Public Schools in the State and to Codify the North Carolina Virtual Public School Program, becomes law. 

    Applies beginning with the 2020-21 school year.

    Amends the act's titles. 


  • Summary date: May 6 2019 - More information

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

    Deletes the previous provisions and now provides the following.

    Enacts GS 115C-218.9 to require a charter school board of directors to notify parents of enrolled students at least seven days prior to meeting to consider requesting a material revision of the charter. Requires the notice to be by email or the parent's preferred communication method and include the details of the meeting and a description of the proposed material revision. Encourages charter school boards to notify parents of enrolled students of the final action by the State Board of Education (State Board) regarding such a request. 

    Enacts GS 115C-218.97 to establish a new requirement for the Office of Charter Schools (Office) to provide for a public hearing as part of the review of the operations of a continually low-performing charter school. Provides for the location of the hearing and requires the hearing to include a presentation on the academic performance of the school and an opportunity for public comment. Mandates that at least one State Board member and one member of the Advisory Board attend the hearing. Requires the Office to give at least 20 days' notice of the hearing to the continually low-performing charter school of the date, time, location, and methods for parents, teachers, and community members to submit comments. Requires that the State Board review and consider a record of the public hearing in addition to any supporting documentation before taking final action not to renew the charter of a continually low-performing charter school. Requires a continually low-performing charter school to notify parents of enrolled students by email or the parent's preferred communication method within five days of receipt of notice that the Office scheduled a public hearing and the State Board taking final action not to renew the charter, as specified.

    Enacts GS 115C-218.98 to establish notice and hearing requirements prior to termination of a charter. Requires the Advisory Board to give the charter school at least 20 days' notice of a public hearing on a proposed recommendation to terminate a charter. Requires the notice to include the date, time, location, and methods for parents, teachers, and community members to submit comments. Requires the hearing to include a presentation on the academic performance of the charter school and an opportunity for public comment. Permits the Advisory Board to direct the Office to conduct the hearing. Requires at least one State Board member and one Advisory Board member to attend the hearing. Details five considerations the Advisory Board must address prior to making its final determination, including a record of the public hearing and supporting documentation, and the capital needs of the public school(s) where students will be assigned if the charter school ceases operation. 

    Requires the State Board to give a charter school at least 20 days' notice prior to meeting to take final action on a recommendation of the Advisory Board to terminate the charter. Requires the State Board to review the evidence from the Advisory Board meeting and the information the Advisory Board considered prior to making its recommendation, as required. 

    Requires the charter school to notify parents of enrolled students by email or the parent's preferred communication method within five days of receipt of notice that the Advisory Board scheduled a public hearing or the State Board scheduled a meeting to take final action, as specified. 

    Details exceptions to the requirements when the Advisory Board's proposed or final recommendation or the State Board's final action to terminate the charter is based on failure to meet generally accepted standards of fiscal management or violations of law. In these instances, requires the State Board to give the charter school 20 days' notice prior to scheduling a meeting to take final action to terminate the charter and requires the charter school to notify parents of enrolled students of the scheduled meeting within five days of receipt of the State Board's notice and notify parents of enrolled students of the State Board's final action at the scheduled meeting.

    Enacts GS 115C-218.100(c) to require a charter school board to notify the parents of enrolled students by email or the parent's preferred communication method within five days of passing a resolution to voluntarily dissolve. Requires the notice to include a timeline for the dissolution of the school.

    Enacts GS 115C-47(64) to add to the powers and duties of local boards of education the duty to submit a statement to the State Board upon request on the capital impact a charter school closure would have on schools within the local unit. Requires the statement to be submitted within 30 days of the State Board's request.

    Amends GS 150B-1 to exempt the State Board of Education's disapproval, termination, or nonrenewal of charters under Article 14A of GS Chapter 115C from the APA's contested case provisions. 

    Defines the scope of the act to include virtual charter schools authorized under Section 8.35 of SL 2014-100, as amended. Prohibits the termination of a virtual charter school's charter prior to the end of the pilot program unless the requirements of GS 115C-218.98, as enacted, are met. 

    Applies to actions commenced to voluntarily dissolve, terminate, not renew, or materially revise a charter on or after July 1, 2019.


  • Summary date: Mar 25 2019 - More information

    Amends GS 115C-218, which sets forth the purpose of charter schools and establishes the NC Charter Schools Advisory Board and the NC Office of Charter Schools. Adds new subsection (a1) to define the terms impact statement, notice, parent, and significant restructuring, as the terms are used in Article 14A.

    Enacts GS 115C-218.98, requiring that fair and timely notice be provided to parents of students at a charter school in the event of a proposal to involuntarily or voluntarily dissolve or significantly restructure the charter school. Defines significant restructuring to mean any action that requires the charter school to change the curriculum, enrollment, grade, or programs offered; leadership; governing board composition; employment of more than one-third of its teaching staff, or contractors for educational services. Requires a Student and Family Impact Statement to be prepared by the State Board of Education or the charter school intending to take the action in accordance with GS 115C-218.99, enacted by this act.

    Requires a charter school to provide notice to parents of all impacted students within 10 days of receiving any communication from the State Board of Education initiating a process that could lead to the dissolution, termination, revocation, nonrenewal, or significant restructuring as a condition of continued operation. Requires the notice to include a copy of the communication received from the State Board, any reasons or data used to support the communication, and provide detailed information on the subsequent process, including statutory requirements, related to operation of the charter school.

    Requires a charter school to provide notice to parents of all impacted students within 10 days of the board of directors' resolution to dissolve and surrender its charter or amend the charter to significantly restructure the school. Requires the notice to include reasons for the decision to dissolve and surrender the charter or significantly restructure and provide detailed information on the subsequent process, including statutory requirements, related to the operation of the charter school.

    Enacts GS 115C-218.99, requiring the State Board or the charter school to prepare a Student and Family Impact Statement (Impact Statement) within 60 days of providing notice to parents in accordance with GS 115C-218.98 (1) if the State Board has commenced an action against the charter school to involuntarily dissolve or significantly restructure the charter school (in which case the State Board prepares the Impact Statement) or (2) if the charter school intends to dissolve and surrender its charter or amend the charter to significantly restructure the charter school (in which case the charter school prepares the Impact Statement). Directs the Impact Statement be prepared after a mandatory survey of the parents of all students enrolled in the charter school. Requires the survey to be conducted in a manner that maximizes parental participation. Requires the study to seek the input of the parents on all issues that the Impact Statement must address pursuant to subsection (b) of the statute. Directs the State Board to cooperate with the board of directors of the charter school when the State Board is preparing the Impact Statement.

    Requires the Impact Statement to concisely describe and analyze the proposed action that has been noticed that may have a significant impact on students and families. Requires the Impact Statement to be made available to the public for information and comment. Details eleven informational components that must be included in the Impact Statement, at minimum, including: (1) a description of the proposed action, including the charter school's needs and benefits related to the action; (2) if the charter school were to close, a full review of the public school that each student will be assigned to; and (3) identification of ways to reduce or avoid an adverse impact on students and families, with the analysis including a separate section on the impact on students with disabilities. 

    Requires a notice and a copy or readily available access to a copy of the Impact Statement to be provided to the parents of all impacted students. Provides that within 60 days after providing notice of the completed Impact Statement, but no sooner than within 15 days of the delivery of the notice, the State Board or the charter school, as applicable, is required to hold a public hearing where the specified interested parties must be allowed to present testimony on the findings of the Impact Statement, as well as expert testimony. Requires that, when the State Board prepared the Impact Statement, the board of directors of the charter school must be allowed to present for consideration a student and school improvement plan in place of the proposed action by the State Board.

    Prohibits, until at least 30 days after the public hearing, except in the presence of imminent health or safety issues, the State Board from taking final action to dissolve, terminate, revoke, nonrenew, or significantly restructure a charter school, and the charter school from dissolving and surrendering its charter or amend its charter to significantly restructure.

    Applies to actions commenced to involuntarily or voluntarily dissolve or significantly restructure a charter school on or after the date the act becomes law.


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