The Governor vetoed the act on August 6, 2025. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2025/7393/0/H87-Bill-NBC-16862.
Bill Summaries: H87 EDUCATIONAL CHOICE FOR CHILDREN ACT (ECCA). (NEW)
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Tracking:
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Bill H 87 (2025-2026)Summary date: Aug 6 2025 - View Summary
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Bill H 87 (2025-2026)Summary date: Jul 29 2025 - View Summary
Senate amendments to the 4th edition makes the following changes.
Amendment #2 makes technical correction to refer to the North Carolina Constitution in GS 116-209.110.
Amendment #4 directs the State Education Assistance Authority to adopt any necessary rules by the later of July 1, 2026, or within 120 days of publication of federal regulations.
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Bill H 87 (2025-2026)Summary date: Jul 29 2025 - View Summary
Senate committee substitute to the 3rd edition replaces the content of the previous edition with the following. Makes conforming changes to the act’s titles.
Amends GS 116-204 to authorize the State Education Assistance Authority (Authority) to certify and submit a list of qualifying scholarship granting organizations to the US Secretary of Treasury.
Adds new Part 8, Compliance with Requirements of Federal Tax Credit for Contributions of Individuals to Scholarhship Granting Organizations, to Article 23 of GS Chapter 116, providing as following. Enacts new GS 116-209.110 electing the State to: (1) participate in the federal tax credit established under the specified federal law for individuals who make qualified contributions to scholarship granting organizations; and (2) identify scholarship granting organizations located in this State.
Enacts new GS 116-209.111 requiring the Authority to submit to the US Secretary of Treasury, and publish on the Authority’s website, a list of scholarship granting organizations that meet the specified federal Internal Revenue Code requirements and are located in the State. Requires that the Authority certify its authority to submit the list on behalf of the State and comply with any other specified federal requirements. Allows the Authority to establish rules governing the process and documentation necessary for an entity to qualify to be listed as a scholarship granting organization. Also allows the Authority to enter into an agreement with other State agencies to meet the statute’s requirements.
Requires that the Authority comply with all federal regulations on the administration of the federal tax credit to ensure that the State is eligible to participate in taxable years beginning after December 31, 2026.
Allows qualifying scholarship granting organizations on the list to provide scholarships for any qualified elementary or secondary education expense, including home school expenses, to the extent allowed under federal law.
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Bill H 87 (2025-2026)Summary date: Mar 25 2025 - View Summary
House amendment to the 2nd edition makes the following changes.
Requires the cell phone-free education policy required under GS 115C-77.1 to permit student use of cell phones during instructional time as follows: (1) if authorized by a teacher for educational purposes; (2) as required by a student’s individualized education plan or Section 504 plan; and (3) as required to manage a student’s health care, in accordance with a documented medical condition. Allows the governing body of a public school unit to establish parameters that must be followed by a teacher allowing cell phone usage for instructional purposes. Makes conforming changes.
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Bill H 87 (2025-2026)Summary date: Feb 25 2025 - View Summary
House committee substitute to the 1st edition makes the following changes. Exempts remote charter academies and remote academies from GS 115C-77.1's requirement that a public school adopt a cell phone-free education policy. Directs that new GS 115C-77.1 as enacted by the act does not apply to the virtual charter schools participating in the pilot program authorized under Section 8.35 of SL 2014-100, as amended.
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Bill H 87 (2025-2026)Summary date: Feb 10 2025 - View Summary
Adds a new Part 7, Classroom Policies, to Article 7B of GS Chapter 115C, consisting of new GS 115C-77.1, requiring public school unit governing bodies to adopt cell phone-free education policies that eliminate or severely restrict student access to cell phones during instructional time. Requires notifying parents at the beginning of each school year of the Cell Phone-Free Education Policy. Applies beginning with the 2025-26 school year.