Senate committee substitute to the 2nd edition replaces the content of the previous edition with the following. Makes conforming changes to the act's titles.
Amends GS 115C-407.65 to require public school units to purchase catastrophic insurance for high school interscholastic athletic activities. Also provides that public schools may purchase catastrophic and other accident insurance for students as provided for in Part 2 (Student-Athletic Catastrophic Insurance) of Article 31A of GS Chapter 58 (current law provides that participating schools must purchase catastrophic insurance for high school interscholastic athletic activities as provide in part 2).
Amends GS 58-31A-60 (as enacted in SL 2021-184) to define participating school as it applies under the statute (concerning catastrophic insurance for covered activities) as a high school in a public school unit that elects to offer interscholastic athletic activities. Also amends the statute to require that premiums for accident insurance, in addition to the already listed catastrophic insurance, for covered activities must be paid by each participating school according to rates fixed by the Commissioner of Insurance, and the Commissioner is allowed to purchase that insurance from insurers admitted to do business in the state as necessary.
The Daily Bulletin: 2022-06-08
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The Daily Bulletin: 2022-06-08
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.
| Intro. by Torbett, Blackwell. | UNCODIFIED, GS 115C, GS 115D, GS 116 |
Senate amendment to the 3rd edition makes the following changes.
Replaces the implementation directive to the North Carolina Child Care Commission (Commission) for the Credential Rule, 10A NCAC 09 .0102(32), which the Commission must amend the Rule to reflect, with the following. Specifies that the North Carolina Early Childhood Credential (NC ECC) means the State early childhood credential that is based on any of the following: (1) an NC ECC based upon completion of required early childhood coursework taken at any State community college; (2) a currently active Child Development Associate Credential from the Council for Professional Recognition, a Certified Child Care Professional Credential from the National Early Childhood Program Accreditation, or a Montessori Credential from any of the the Montessori Accreditation Council for Teacher Education, American Montessori Society, National Center for Montessori Education, or Association Montessori Internationale; (3) a passing score on a test developed by the early childhood faculty of the NC Community College System designed to demonstrate an individual's mastery of the concepts taught in early childhood coursework taken at any State community college; or (4) other equivalencies as determined by the Division of Child Development and Early Education, Department of Health and Human Services. (previously, allowed for an NC ECC based on completion of required early childhood coursework at any State community college; a Child Development Associate Credential from the Council for Professional Recognition; or a passing score on a test approved by the Commission to demonstrate mastery of early education concepts taught at any State community college). Adds a new provision to deem that other equivalencies earn the same education points in the Quality Rating Improvement System toward a Star Rating as the NC ECC.
| Intro. by White. | STUDY |
House committee substitute to the 2nd edition makes the following changes.
Revises and adds to the proposed changes to GS 7A-760, providing for the authority of the Chief Administrative Law Judge to take the following actions related to Office of Administrative Hearings (OAH) employees, now subject to the State Budget Act, the Human Resources Act, and the limitations of appropriations to OAH and GS 7A-751 (relating to the Chief's powers and duties): establish or abolish subordinate positions (previously did not provide authority to abolish positions); make appointments; remove appointees; transfer employees between subordinate positions (previously did not provide authority to transfer employees); and change the duties, titles, and compensation of existing subordinate positions (previously only provided for setting salaries within the Budget Act and Human Resources Act). Eliminates the legislative history of the statute from the lead-in language of the proposed changes.
| Intro. by Stevens. | GS 7A |
House committee substitute amends the 1st edition as follows.
Revises the proposed changes to GS 14-208.12A, which details the process for an individual who is required to be registered under the State’s Sex Offender and Public Protection Registration Program (Program) to petition the superior court to terminate their registration requirement under the Program. Now amends existing language to require the petition be filed in the district where the person was convicted of the offense, regardless of the petitioner's current county or state of residence (previously, added a new provision to require a petitioner who currently resides out of state to file the petition in the county where the person last registered in North Carolina).
| Intro. by Boles, Davis, McNeill, C. Smith. | GS 14 |
The Daily Bulletin: 2022-06-08
House committee substitute amends the 2nd edition as follows.
Section 5
Amends the proposed changes to GS 130A-336, which requires site evaluations to check for compliance with the conditions of the authorized on-site wastewater evaluator permit option under GS 130A-336.2 or the engineered option permit under GS 130A-336.1. Eliminates the new provision requiring the certified wastewater system contractor to schedule and conduct a pre-construction conference with the local health department at the proposed wastewater site no more than 10 business days prior to the start of the installation of the on-site wastewater system to determine that the conditions of the site have not been altered and that the proposed system can be installed as permitted. Makes technical changes.
Section 10
Deletes the proposed changes to GS 160D-1105 that allowed a permit holder who has been informed by a local inspection department that an inspection required under the Residential Code for One- and Two-Family Dwellings has not been, or will not be, conducted within two business days after first requested, to obtain that required inspection from a licensed architect or licensed professional engineer after giving written or electronic notice to the local government.
Deletes the proposed changes to GS 160D-1109 regarding liability of inspection department members.
Renumbers the act's remaining sections accordingly.
Section 14
Makes organizational changes to include all of the proposed changes to GS 143-139.4, which include amending subsection (k) and enacting subsection (l), in Section 14 (previously organized in Sections 15 and 16). Makes the changes effective on the date the act becomes law (previously, new subsection (l) was effective October 1, 2022).
Further amends GS 143-139.4 by adding a new subsection to require that personnel assigned by the Commissioner of Insurance to conduct inspections requested by permit holders who have been informed by the local inspection department that an inspection has not been or will not be conducted within two business days, begin conducting the inspection within two business days after the assignment is made by the Commissioner. Applies to inspections conducted on or after October 1, 2022.
Section 15
Adds legislative history set forth in the lead-in language to the proposed changes to GS 143-139.
House committee substitute replaces the content of the 2nd edition with the following.
Part I.
Amends GS 115C-84.3, which prohibits public school units from using remote instruction to satisfy minimum instructional day and hour requirements, to account for new Part 3A, Remote Academies, to Article 16, GS Chapter 115C, as enacted.
Repeals the June 30th, 2022, sunset of Section 3, SL 2021-130, which enacts GS 115C-84.3, permitting public school units to use remote instruction up to a certain threshold to meet school calendar requirements, and makes GS 115C-84.3 apply to charter schools, innovative schools, regional schools, laboratory schools, and renewal school systems. Instead, makes the Section applicable beginning with the 2021-22 school year, with no sunset given.
Part II.
Enacts Part 3A, Remote Academies, to Article 16, GS Chapter 115C, as follows. Allows for public school units to apply to the State Board of Education (State Board) for approval of remote academies, defined as a public school whose instruction is primarily online through a combination of synchronous and asynchronous learning, and may include any combination of grade levels. Prohibits public schools from providing the majority of instructional hours through remote instruction except as provided in new Part 3A. Details requirements for student enrollment, with an emphasis on parental consent and student success. Sets an enrollment cap for local school administrative units only, limiting enrollment in remote academies to 15% of the total student enrollment of the unit, and requires local units to comply with class size laws. Allows local units to reassign students during the school year based on academic success, with authority to delegate this duty to the superintendent. Requires remote academies to meet all other requirements of the type of school required by GS Chapter 115C. Lists five instruments and services remote academies must provide to enrolled students, including any required hardware and software for participation at no cost except for instances of damage or loss, access to the Internet, and specified services required by children with an individualized education program. Provides for limited in-person requirements, such as State-mandated student assessments. Details requirements for remote academy employees, including licensure and evaluation requirements of in-person employees of the type of public school, and requires provision of sufficient digital teaching and learning support staff.
Details the remote academy approval process, including submission of a plan that addresses seven required components, with review and approval by the State Board. Requires adherence to the approved plan unless written approval for modification is obtained from the State Board. Requires approved remote academies to receive a school code; excludes an academy in a unit with less than 100 students in final average daily membership from being entitled to 12 months of employment for a principal. Provides for annual evaluation of remote academies by the State Board; directs the State Board to annually report to the specified NCGA committee on the evaluations.
Directs the State Board to make its first evaluation report by November 15, 2024.
Repeals SL 2021-130, Section 3B(c), which bars public school units from using virtual instruction to satisfy the minimum required number of instructional days or hours after June 30, 2022, without express authorization from the General Assembly, except for local school administrative units that were assigned a school code to operate a school with virtual instruction as the primary means of instruction as of May 1, 2021. Instead, allows a public school unit assigned a school code to operate a school with virtual instruction as the primary means of instruction as of May 1, 2021, to continue to operate that school for the 2022-23 school year, and a public school unit that submitted a virtual instruction plan for the 2021-22 school year to the Department of Public Instruction to continue to provide virtual instruction in accordance with that plan for the 2022-23 school year.
Applies beginning with the 2023-24 school year.
Part III.
Amends GS 115C-218.1 to require a charter school that will be a remote academy to include the remote academy plan required under new GS 115C-234.15 in the school's charter application.
Regarding the State Board's review and renewal of charters under GS 115C-218.6, for comparing a remote academy charter school's academic outcomes, requires comparing the remote academy's immediately preceding three years to the average of three comparable local units with similar student populations, measured by school-level metrics collected by the State.
Permits charter schools, beginning with the 2023-24 school year, to become remote academies by submission of a plan approved by the State Board pursuant to new GS 115C-234.15, or submission of the plan with the charter application or renewal.
Repeals Section 8.35, SL 2014-100, as amended, which enacts the Virtual Charter School Pilot Program. Requires the pilot to end with the 2021-22 school year, and the two participating schools to be deemed approved as charter schools by the State Board and operate as charter schools, as specified. Provides for the schools' increase in enrollment by up to 20% beginning with 2022-23 without the increase being considered a material revision of their charter. Provides for the schools' contracts to be for five additional years, ending after the 2026-27 school year, whereby the contracts can be renewed for a subsequent 10-year term under GS 115C-218.6, as amended.
Part IV.
Applies beginning with the 2022-23 school year.
| Intro. by Lee, Ballard, Galey. | GS 115C |
Senate amendment to the 3rd edition makes the following changes.
Revises and adds to the proposed changes to GS 136-189.11, which provides for the distribution of funds subject to the Transportation Investment Strategy Formula (Formula). Adds a new exclusion from the Formula for Federal Carbon Reduction Program formula funds appropriated to the State. Adds to the federal program activities included in the applicable category of the Formula set forth in subsection (d) that are not subject to that subsection’s prioritization criteria State funds used to match federal Carbon Reduction Program formula funds appropriated to the State for projects on the State highway system that improve the safety, mobility, and operational characteristics of the State highway system for motorists. Regarding the percentage of funds to be allocated to Department of Transportation (DOT) divisions for division need projects, adds to the programs subject to alternate quantitative criteria only the Federal National Electric Vehicle Infrastructure Program formula funds appropriated to the State (no longer also adding Federal Carbon Reduction Program formula funds appropriated to the State, as now included in the formula's exemptions). Enacts a new subsection (d2), deeming that after redesignation of an existing or proposed secondary route to a primary highway route, a project is ineligible for evaluation in a newly-designated funding category under GS 136-189.10 until (1) the new route designation is reflected in the transportation plan that has been approved by the appropriate governing body and the Board of Transportation and (2) the DOT has commenced its second subsequent prioritization after the date of final route redesignation approval. Excludes projects that include a route redesignation initiated by the DOT to meet intrastate or interstate connectivity needs.
Authorizes the Secretary of Transportation (Secretary) to waive a project reprioritization delay required by new GS 135-189.11(d2) upon request of an affected Metropolitan Planning Organization or Rural Transportation Planning Organization. Directs the Secretary to report to the specified NCGA committee and division on waivers requested, as specified, by December 31, 2023. Expires December 31, 2023.
Directs DOT to initiate a workgroup evaluation of potential DOT policy and rule changes, potential conflicts with federal laws or regulations, effects to the State Transportation Improvement Program (STI Program) prioritization processes, and any additional matter DOT deems relevant that relates to the implementation of new GS 135-189.11(d2). Directs DOT to report to the specified NCGA committee and division by December 1, 2022.
The Daily Bulletin: 2022-06-08
The Daily Bulletin: 2022-06-08
House committee substitute replaces the content of the 2nd edition with the following.
Applicable to Rockingham Community College only, amends GS 115D-12 to modify the college's board of trustees to include two rather than four trustees elected by the board of education of the surrounding public school administrative area, four rather than six trustees elected by the Rockingham County board of commissioners, and four trustees appointed by the NCGA (was, by the Governor). Provides the procedure for legislative appointment of trustees, with the Speaker of the House of Representatives making recommendations for appointments for members to terms expiring 2023 and 2025, and the President Pro Tempore of the Senate making recommendations for appointments for members to terms expiring 2022 and 2024, with legislative appointments every four years thereafter, respectively. Requires vacancies for legislatively appointed members to be filled pursuant to GS 120-122.
Requires gubernatorially elected trustees to serve the remainder of their term, and sets forth the procedure for filling any vacancy occurring in a gubernatorially appointed seat, with recommendation to the Governor by either the Speaker or the President Pro Tempore, depending on the term expiration. Otherwise, requires appointment and filling vacancies pursuant to GS 115D-12, as amended.
| Intro. by Jarvis, Lazzara, Ford. | Rockingham |
Actions on Bills: 2022-06-08
H 79: CLARIFY HS INSURANCE. (NEW)
H 144: MEDICAID CHILDREN AND FAMILIES SPECIALTY PLAN. (NEW)
H 159: EDUCATION LAW CHANGES. (NEW)
H 169: STATE HEALTH PLAN DATA TRANSPARENCY.-AB
H 219: AMEND ENVIRONMENTAL LAWS. (NEW)
H 315: ARSON LAW REVISIONS.
H 607: VARIOUS COURT CHANGES. (NEW)
H 615: JORDAN'S LAW. (NEW)
H 731: ADD'L PATH TO NC EARLY CHILDHOOD CREDENTIAL. (NEW)
H 992: OAH STAFFING FLEXIBILITY.
H 1008: SEX OFFENDER/PROBATION/VICTIMS CHANGES. (NEW)
H 1046: EXPAND AVIATION SALES TAX EXEMPTION.
H 1068: UNC NON-APPROPRIATED CAPITAL PROJECTS. (NEW)
H 1095: PFAS POLLUTION AND POLLUTER LIABILITY.
H 1098: DISAPPROVE 18E RULES.
S 346: EXTENDED LEARNING FOR ELECTIVE COURSES. (NEW)
S 372: ELECTRICAL LIC./BLDG. CODE/DEV. REFORM 2022. (NEW)
S 448: AMENDMENTS TO SCHEDULE VI OF THE CSA.
S 671: VIRTUAL EDUC./REMOTE ACAD./VIRTUAL CHARTERS. (NEW)
S 711: NC COMPASSIONATE CARE ACT.
S 766: ORGANIZED RETAIL THEFT.
S 768: GSC TECHNICAL CORRECTIONS 2022/ADDITIONAL TC. (NEW)
S 769: GSC POSTPONEMENT/JUDICIAL & EXECUTION SALES.
S 774: DOT LEGISLATIVE CHANGES.-AB
Actions on Bills: 2022-06-08
H 1057: MITCHELL/HICKORY-CONOVER/BUNCOMBE OT CHANGES. (NEW)
H 1144: AVERY COUNTY OCCUPANCY TAX MODIFICATION.
S 256: ROCKINGHAM COMMUNITY COLLEGE BOT. (NEW)
S 755: CLINTON-SAMPSON COUNTY AIRPORT LEASES.
S 773: GOLDSTON SATELLITE ANNEXATIONS.
S 815: SHELBY/ZEBULON CHANGES. (NEW)
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