SUMMER LEARNING CHOICE FOR NC FAMILIES.

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View NCGA Bill Details2021
House Bill 82 (Public) Filed Monday, February 15, 2021
AN ACT TO ESTABLISH SCHOOL EXTENSION LEARNING RECOVERY AND ENRICHMENT PROGRAMS IN EACH LOCAL SCHOOL ADMINISTRATIVE UNIT TO MITIGATE THE IMPACTS OF COVID-19 ON AT-RISK STUDENTS.
Intro. by Moore, Elmore, Torbett, Zenger.

Status: Ch. SL 2021-7 (Apr 9 2021)

SOG comments (1):

Long title change

Senate committee substitute to the 4th edition changed the long title. Previous long title was AN ACT TO ESTABLISH SCHOOL EXTENSION LEARNING RECOVERY AND ENRICHMENT PROGRAMS IN EACH LOCAL SCHOOL ADMINISTRATIVE UNIT TO MITIGATE THE IMPACTS OF COVID-19 ON AT-RISK STUDENTS AND TO REQUIRE THE IMPLEMENTATION OF INNOVATIVE BENCHMARK ASSESSMENTS.

Bill History:

H 82/S.L. 2021-7

Bill Summaries:

  • Summary date: Apr 12 2021 - View Summary

    AN ACT TO ESTABLISH SCHOOL EXTENSION LEARNING RECOVERY AND ENRICHMENT PROGRAMS IN EACH LOCAL SCHOOL ADMINISTRATIVE UNIT TO MITIGATE THE IMPACTS OF COVID-19 ON AT-RISK STUDENTS. SL 2021-7. Enacted April 9, 2021. Effective April 9, 2021.


  • Summary date: Mar 31 2021 - View Summary

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

    Part I.

    Adds authority for year-round schools to offer a school extension learning recovery and enrichment program (program), as previously described, during vacation periods in the instructional calendar through October 1, 2021. Revises program requirements regarding voluntary participation by at-risk students to require, for students retained for the 2021-22 school year, the student's principal to reassess the student's promotion eligibility upon completion of the program (previously referenced students who are at-risk for retention).

    Adds the following provisions to the program's employment provisions. Requires local boards to offer a signing bonus of at least $1,200 to any teacher who has received a past teaching bonus for reading in grades 3-5 or math in grades 4-8, or has received National Board for Professional Teaching Standards Certification. Encourages local boards to incentivize teachers to participate in the program. Additionally requires local boards to provide a performance bonus of at least $150 per student for a teacher who provided instruction during the program for each student not demonstrating reading proficiency on the third-grade end-of-grade reading assessment assigned to that teacher who became proficient in reading after completing the program, as demonstrated by an alternative assessment. Changes the sunset of the program's employment provisions to October 1, 2021 (was August 1, 2021).

    Eliminates the exemption for the program from class size restrictions.

    Authorizes administrative units to use funds allocated for reading camps for the 2020-21 fiscal year to also support the operation of reading instruction for 1-3 grade students in the program (previously more generally authorized to use the funds to support the program's operation). Adds a new provision barring use of the funds for enrichment activities. 

    No longer limits legislative intent to use reserved ESSER II funds for enrichment programs to those in the summer.

    Eliminates the provisions allowing program participation by students not enrolled in the administrative unit. 

    Adds the following. Directs the State Board of Education (State Board) to make available to administrative units a single competency-based assessment per grade and subject for K-8 grade students that can be taken at the beginning and conclusion of the program. Requires the State Board to use available funds. Requires each local board to ensure that the results of all competency-based assessments administered to a student be provided to all teachers of record for that student for the 2021-22 school year. 

    Makes technical changes to refer to results of competency-based assessment rather than competency-based assessments at the beginning and conclusion of the program in the required content of administrative unit reports.

    Eliminates the provisions of previous Part II., which enacted GS 115C-174.23 to establish innovative benchmark assessments. Makes conforming changes.

    Changes the act's long title.


  • Summary date: Feb 24 2021 - View Summary

    House amendment makes the following changes to the 3rd edition. Adds the requirement that residential schools, to the extent funds are made available, offer a school extension learning recovery and enrichment program outside of the instructional school calendar to students regularly enrolled in those schools. Requires the program to provide in-person instruction in core subjects to address learning losses and negative impacts that students have experienced due to COVID-19 during the 2020-21 school year in way that is best suited to students' needs. Requires at least 150 hours or 30 days of instruction. Requires each residential school to develop and submit a plan for its program to the Department of Public Instruction no later than 30 days before the final instructional day of the 2020-21 school year. 


  • Summary date: Feb 23 2021 - View Summary

    House committee substitute #2 amends the 2nd edition as follows.

    Part I

    Regarding employment for the period of a school extension learning recovery and enrichment program, for retirees of the Teachers' and State Employees' Retirement System (TSERS) who retired on or after December 1, 2020, but on or before March 1, 2021, who return as a teacher or other school personnel as a temporary employee on a contract basis for a program, requires local units to certify to TSERS that a beneficiary is employed by the local board of education. 


  • Summary date: Feb 23 2021 - View Summary

    House committee substitute amends the 1st edition as follows.

    Part I

    Modifies the mandate for local school administrative units to offer a school extension learning recovery and enrichment program (program) outside of the instructional calendar, following the 2020-21 school year. Requires the program to be separate and apart from the 2020-21 school year and not an extension of the 2020-21 school year. Amends the requirements for program plans submitted to the Department of Public Instruction (DPI) by local school administrative units. Instead of requiring a six-week program, now requires instruction for at least 150 hours or 30 days. Makes conforming changes. Prohibits instruction on Saturdays. Requires meal service rather than lunch service on each instructional day. More specifically requires transportation services to the school facility housing the program to be provided in accordance with the Plan A requirements for transportation established in the StrongSchoolsNC Public Health Toolkit issued on February 2, 2021. Adds new requirements for (1) time to be built into the instructional day for teachers to provide individual or small group instruction to at-risk students, and (2) in-person social-emotional learning supports for all students in the program.

    Regarding employment during the program, adds that the six-month separation from service required for effectiveness under GS 135-1(20) does not apply and instead a one-month separation applies for retirees of the Teachers' and State Employees' Retirement System (TSERS) who retired on or after December 1, 2020, but on or before March 1, 2021, so long as the individual returns as a teacher or other school personnel as a temporary employee on a contract basis for a program pursuant to the act. Makes the provisions regarding school personnel employment within the program expire August 1, 2021. Details the effect of the expiration of the provisions regarding the six-month separation requirement for TSERS members.

    Authorizes units to use funds allocated for reading camps for 2020-21 rather than 2021-22 to support the program. Changes the effective date of this provision from July 1, 2021, to the date the act becomes law.

    States legislative findings concerning allocations to public school units from the federal Elementary and Secondary School Emergency Relief II (ESSER II) Fund appropriated in SL 2021-1, and legislative intent to direct the State Board of Education (SBE) to reserve a portion of the remaining funds made available in the ESSER II Fund to meet the emergency needs of the elementary and secondary schools of the State, to be held in reserve by DPI for allocation to local units and charter schools to supper their programs. Directs allocation be prioritized to those units or schools based on need demonstrated by the expenditure of existing federal funding received for COVID-19 related impacts. 

    Authorizes local units to allow students who were not enrolled in that unit for the 2020-21 school year to register to participate in the program on a first-come, first-serve basis if space is available after all enrolled students have had the opportunity to register to participate. 

    Modifies the reporting requirements. Adds new requirements for local units to report specified data to DPI by September 1, 2021. Now requires DPI to report to the specified NCGA committee by January 15, 2022, rather than October 15, 2021, and include all information submitted by local units and explanations by DPI of program outcomes along with the previously required content.

    Part II

    Modifies proposed GS 115C-174.23. Adds a new requirement for SBE to determine which grade and core subject areas must have innovative benchmark assessments in order to allow teachers to more frequently measure student learning and address student learning loss throughout the school year. Now requires the State Board of Education to develop innovative benchmark assessments for use by local units (previously required to provide for and require units to implement innovative benchmark assessments). Adds that local units can either use the SBE benchmarks or develop and use their own. 


  • Summary date: Feb 15 2021 - View Summary

    Part I

    Mandates local school administrative units to offer a six-week school extension learning recovery and enrichment program (program) outside of the instructional calendar, following the 2020-21 school year, within funds available to the units, including federal Coronavirus relief funds. Describes the program's purpose. Directs participant prioritization based on at-risk identification, with participation open to others within space available. Details program planning and requirements. Requires units to submit a program plan to the Department of Public Instruction (DPI) within 30 days prior to the final instructional day of the 2020-21 school year; requires DPI approval or notification of needed changes within 21 days of receipt. Encourages charter schools to also submit program plans as appropriate. Identifies eight components program plans must contain, including (1) instruction for at least five hours a day, five days per week for six weeks; (2) lunch service; (3) a physical activity period during each instructional day; (4) grade level course offerings, as specified for K-3 students, grade 4-8 students, and high school students; (5) transportation service; (6) voluntary participation by at-risk students, with participating K students exempt from retention for the 2021-22 school year, and required reassessment of promotion eligibility for others at risk of retention for the 2021-22 school year; (7) opportunity for other students to participate within the space available; and (8) outreach to increase program participation. 

    Requires local boards of education to employ teachers and school personnel as contracted temporary employees for the duration of the program. Specifies the effect of this temporary employment with regards to the Teachers' and State Employees' Retirement System. Excludes the program from class size requirements for grades K-3. 

    Authorizes units to use funds allocated for reading camps for 2021-22 to support the program. Effective July 1, 2021.

    Requires DPI to report to the specified NCGA committee by October 15, 2021, on program implementation, and include copies of program plans submitted to DPI, along with any other useful data for evaluation of the program.

    Part II

    Enacts GS 115C-174.23 to direct the State Board of Education to provide for and require units to implement innovative benchmark assessments, as described, in certain grades and core subject areas to allow teachers to more frequently measure student learning and address student learning loss throughout the school year. Applies beginning with the 2021-22 school year.