Bill Summary for H 159 (2021-2022)

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Summary date: 

Jun 8 2022

Bill Information:

View NCGA Bill Details2021
House Bill 159 (Public) Filed Wednesday, February 24, 2021
Intro. by Torbett, Blackwell.

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Bill summary

Senate committee substitute replaces the content of the 6th edition with the following.

Part I.

Regarding the State Board of Education's duty to develop and implement a Uniform Education Reporting System under GS 115C-12(18), requires reporting requirements developed by the State Board as part of the System to be incorporated into the student information system (replacing reference to the PowerSchool application or any other component of the System) to minimize duplicative reporting by local school administrative units. 

Part II.

Amends GS 115C-105.52 to no longer require school crisis kits to include items recommended by the International Association of Chiefs of Police beyond the required basic first-aid supplies and communications devices. 

Part III.

Amends GS 115C-263 to require local boards of education to provide to the extent practicable school nutrition services (was, school food services) in the schools under their jurisdiction. Requires all school nutrition services be in accordance with the federal guidelines established by the Food and Nutrition Service of the United States Department of Agriculture (currently, requires services to be in accordance with the standards and regulations recommended by the Superintendent of Public Instruction and approved by the State Board of Education). Makes conforming changes to the statute and the title to Part 2, Article 17, GS Chapter 115C. 

Amends GS 115C-264 as follows. Requires local boards of education, rather than public schools, operating school nutrition programs to participate in the federal National School Lunch Program. Places the program under the jurisdiction of the School Nutrition Division of the Department of Public Instruction  (DPI); (was, the Division of School Support, Child Nutrition Services of the Department of Public Instruction). Eliminates duplicative language now found in GS 115C-263, as amended, regarding compliance with federal guidelines. Requires any earnings over the cost of operation of school nutrition services to be used only to reduce the cost of food, serve more nutritious food (currently, serve better food), or provide free or reduced-price meals to economically disadvantaged children (was, to provide free or reduced-price lunches to indigent children). Changes the definition of personnel to include staff directly engaged in nutrition services record keeping. Makes conforming changes to terminology to refer to school nutrition programs, services, and personnel.

Amends GS 115C-264.2, which permits schools to sell beverages to students in vending machines, subject to local board approval and satisfaction of five criteria. Now limits offering sugared carbonated soft drinks until 30 minutes after the end of the school day, removing the prohibition against offering sugared carbonated soft drinks in middle schools. Removes the limit of no more than 50% of the offerings being carbonated soft drinks in high school. Replaces the snack vending requirements to now provide the following. Requires snack vending to meet the standards for competitive foods and beverages established by the Food and Nutrition Service, and bars middle and high schools from having vending products with more than 200 calories per portion or snack vending package (previously, capped such products at 75% of the products). Reenacts the prohibition on snack vending in elementary schools. 

Repeals GS 115C-264.3, which directs the State Board to establish statewide nutrition standards for school meals, a la carte foods and beverages, and items served in the After School Snack Program administered by the Department of Public Instruction and child nutrition programs of local school administrative units.

Part IV.

Amends Section 5, SL 2021-8, to require regional directors (was, regional case managers) or other appropriate staff to implement the literacy instruction standards developed to align with Part 1A of Article 8 of GS Chapter 115C (Read to Achieve).

Part V.

Amends Section 1, SL 2021-170, revising the requirement for the State Board to waive five specified school administrator license requirements for individuals who meet three criteria. Expands waiver eligibility, now requiring that the individual, prior to August 31, 2024 (was, August 31, 2022), complete at least one course as part of a master's degree program or a post-master's certificate designed for school administrators offered by an approved educator preparation program.

Part VI.

Amends GS 115D-31, eliminating the authority for the State Board of Community Colleges to authorize a local community college to use up to 20% of the State Literacy funds allocated to it to provide employability skills, job-specific occupational and technical skills, and developmental education instruction to students concurrently enrolled in an eligible community college literacy course.

Part VII.

Amends GS 115D-11.10, now requiring an apprenticeship agreement to provide for a term of apprenticeship measured by a time-based, competency-based, or hybrid approach as required by 29 CFR 29.5 (replacing the previous requirement for the agreement to provide for at least 2,000 hours of reasonably continuous employment). Makes adjustments to the required measures subject to 29 CFR 29.5. Makes conforming changes to GS 115D-11.11 relating to the agreement's content.

Part VIII.

Amends GS 115D-20(4)a., which allows local community colleges to collaborate with local school administrative units to offer courses through cooperative innovative high school programs; academic transition pathways for described students that lead to certain technical education certificates, credentials, or diplomas; and college transfer pathways for described students that require completion of 30 semester credit hours of transfer courses. Expands authority for the collaboration as follows. Now allows for local community colleges to collaborate with public school units and nonpublic schools to offer courses through the college transfer pathways program and the college transfer pathways program. Makes conforming organizational changes. 

Part IX.

Revises Article 5C, GS Chapter 116, to rename the NC Principal Fellows and Transforming Principal Preparation Program as the NC Principal Fellows Program. Makes conforming changes throughout.

Amends GS 116-74.41 to allow a designee of the chair of the Board of the State Education Assistance Authority to serve on the NC Principal Fellows Commission. Makes a technical change. 

Similarly, amends GS 116-209.61 to allow a designee of the chair of the Board of the State Education Assistance Authority to serve on the NC Teaching Fellows Commission. 

Part X.

Increases membership of the Board of Trustees for the NC School of Science and Math set forth in GS 116-233, from 30 to 31 members, to provide for 14 members appointed by the UNC Board of Governors from each of North Carolina's congressional districts, accounting for the State's additional congressional district following the decennial census. Effective July 1, 2023. Provides for the person appointed to the position created to be appointed for a term ending June 30, 2027. 

Part XI.

Revises the definition of eligible disabled veteran under the Patriot Star Family Scholarship Program, established by Section 8.3, SL 2021-180, and the NC Patriot Star Family Recovery Scholarship Program under Section 8.19, SL 2021-180, as the definition was amended by Section 2.8, SL 2022-6. Replaces the criteria that the person be a parent of an eligible child, as that term is defined, to instead require that the person (1) be a veteran who incurred traumatic injuries or wounds or sustained a major illness while a member of the Armed Forces during a period of war, national emergency, or training in preparation for future conflicts, and the injuries, wounds, or illness are a direct result of service in the line of duty and (2) be receiving at least 50% compensation for a disability connected to the injuries, wounds, or illness. Applies to applications for scholarship awards submitted on or after July 1, 2021.