Bill Summary for S113 (2019-2020)

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Summary date: 

Jun 25 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 113 (Public) Filed Thursday, February 21, 2019
AN ACT TO EXEMPT CERTAIN SCHOOL PSYCHOLOGISTS FROM NORTH CAROLINA PSYCHOLOGY BOARD LICENSURE; TO CLARIFY USE OF DIGITAL LEARNING PLAN FUNDS; TO MAKE MODIFICATIONS TO THE 2020-2021 SCHOOL CALENDAR REQUIREMENTS TO EXPAND THE USE OF REMOTE LEARNING DAYS AND ALLOW MODIFICATIONS FOR SINGLE-TRACK YEAR-ROUND SCHOOLS; TO CLARIFY THAT SCHOOL NUTRITION FUNDS FROM THE CORONAVIRUS RELIEF FUND ARE FOR EMERGENCY SCHOOL NUTRITION SERVICES, AUTHORIZE THE USE OF THESE FUNDS FOR THE SUMMER FOOD SERVICE PROGRAM, AND EXTEND THE PERIOD OF USE FOR THESE FUNDS UNTIL DECEMBER 30, 2020; TO ALLOW LME/MCO REINVESTMENT PLANS TO INCLUDE PROVIDING ASSISTANCE TO PUBLIC SCHOOL UNITS; TO CHANGE A CHARTER SCHOOL REPORT DATE; TO DESIGNATE THE SUPERINTENDENT OF PUBLIC INSTRUCTION AS AN APPROVER OF PRIVATE ACTIVITY BONDS; TO REVISE THE CALCULATION OF THE SCHOOL ADMINISTRATOR INTERN STIPEND; TO EXTEND THE GRANT TERM FOR THE NORTH CAROLINA TRANSFORMING PRINCIPAL PREPARATION PROGRAM; AND TO PROVIDE IMMUNITY FOR NONPUBLIC SCHOOLS FOR CLAIMS RELATED TO COVID-19 CLOSURES FOR 2019-2020.
Intro. by J. Davis.

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Bill summary

Conference report makes the following changes to the 3rd edition.

Modifies Section 2 by deleting adjustments to Coronavirus Relief Funds allocated to the Department of Public Instruction (Department) in Section 3.3 of SL 2020-4 to fund the School Psychologists Recruitment and Retention Pilot Program and the provision establishing the pilot program, and instead directs that up to $1.8 million of the funds appropriated to the Department for fiscal year 2020-2021 for the Digital Learning Plan shall be used solely to purchase software licenses from the vendor providing the digital literacy curriculum. Makes this section effective July 1, 2020.

Adds new Section 10 amending Article 39 of GS Chapter 115C by enacting a new Part 5, establishing COVID-19 immunity for nonpublic schools. New GS 115C-567.10 defines the terms claim, COVID-19, COVID-19 emergency declaration, COVID-19 essential business executive order, individual, and nonpublic school as those terms are used in the Part. New GS 115C-567.11 grants immunity to nonpublic schools for claims related to tuition or fees paid for the 2019-2020 academic year if the claim alleges losses or damages by acts or omissions of the nonpublic school in response to COVID-19, the alleged acts or omissions by the nonpublic school were reasonably related to responding to COVID-19 emergency declarations, essential business executive orders, or CDC guidance, and the nonpublic school offered remote learning options that allowed students to complete the academic year. Losses or damages resulting solely from breach of a contractual provision allocating liability in the event of a pandemic, or which are due bad faith or malicious acts or omissions by the nonpublic school are exempt from immunity under the statute. New GS 115C-567.12 makes the new Part 5 apply to alleged acts or omissions occurring on or after date on which the COVID-19 emergency declaration was issued until July 1, 2020. Immunity granted under the Part is in addition to all other immunities available under state law. New GS 115C-567.13 states the purpose of the Part and makes its provisions severable. Section 10 is effective when it becomes law and applies to all actions commenced on or after that date.

New Section 11 makes the act effective when it becomes law except where otherwise provided.

Makes conforming changes to the act’s long title.