IN-PERSON LEARNING CHOICE FOR FAMILIES.

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View NCGA Bill Details2021
Senate Bill 37 (Public) Filed Monday, February 1, 2021
AN ACT TO PROVIDE ACCESS TO IN-PERSON LEARNING FOR STUDENTS IN GRADES KINDERGARTEN THROUGH TWELVE.
Intro. by Ballard, Lee, Hise.

Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (Mar 3 2021)

Bill History:

S 37

Bill Summaries:

  • Summary date: Mar 1 2021 - View Summary

    The Governor vetoed the act on 02/26/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/777/0/S37-BD-NBC-8733.


  • Summary date: Feb 16 2021 - View Summary

    Conference report amends the 4th edition as follows.  

    Eliminates the proposed requirements regarding the provision of reasonable accommodations to classroom teachers upon implementation of the proposed mandate for in-person instruction to K-12 students for the remainder of the 2020-21 school year. Instead, requires local boards of education to create a process for teachers and staff to self-identify as high-risk from COVID-19, including self-identification due to being the direct caretaker of a minor with an underlying condition identified as high-risk from COVID-19, and to have a plan in place to address requests for alternative work reassignments, in accordance with the requirements of the StrongSchoolsNC Public Health Toolkit. Strongly encourages local boards to enable those self-identified as high-risk to minimize face-to-face contact and to allow six-feet social distancing, modify job responsibilities to minimize exposure risk, or allow them to telework if possible.


  • Summary date: Feb 11 2021 - View Summary

    House amendment #1 amends the 3rd edition as follows. 

    Concerning the provision of reasonable accommodations to classroom teachers upon implementation of the proposed mandate for in-person instruction to K-12 students for the remainder of the 2020-21 school year, specifies that the act's provisions do not require a local board of education to provide any accommodation to an employee where no reasonable accommodation exits. 


  • Summary date: Feb 10 2021 - View Summary

    House committee substitute amends the 2nd edition as follows.

    Concerning the proposed mandate that all local school administrative units provide the option of in-person instruction to K-12 students for the remainder of the 2020-21 school year, adds the following mandates regarding reasonable work accommodations for classroom teachers. Requires local boards to provide reasonable accommodations to classroom teachers who provide documentation from a licensed physician, licensed physician's assistant, or licensed nurse practitioner that the teacher, or a minor for whom the teacher is the direct caretaker, has an underlying condition that the CDC has identified as increasing the risk for developing severe illness from COVID-19, specifically identifying a remote work option as a reasonable accommodation. Additionally, authorizes local boards to provide reasonable accommodations to classroom teachers meeting the same description when the underlying condition has been identified by the CDC as possibly increasing the risk for developing severe illness from COVID-19. Makes technical, conforming changes. 


  • Summary date: Feb 4 2021 - View Summary

    Senate amendment amends the 1st edition as follows.

    Concerning the proposed mandate that all local school administrative units provide the option of in-person instruction to K-12 students of their unit for the remainder of the scheduled 2020-21 school year, now requires compliance with the Strong Schools NC Public Health Toolkit, as it existed on February 2, 2021, rather than December 4, 2020, for implementation of Plan A (Minimal Social Distancing) and Plan B (Moderate Social Distancing) as appropriate for reopening. Regarding the provision of in-person instruction under Plan A to all students enrolled in the respective school with an individualized education program or a federal section 504 plan, as defined, excepts from this reopening plan situations where in-person instruction is not permitted under that student's program or plan. Additionally, modifies the required components of in-person instruction to include meal service, rather than lunch service. 


  • Summary date: Feb 1 2021 - View Summary

    Includes whereas clauses. Mandates that all local school administrative units provide the option of in-person instruction to K-12 students of their unit for the remainder of the scheduled 2020-21 school year beginning no later than the first weekday that occurs 15 days following the date the act becomes law. Defines in-person instruction to require lunch service and transportation services. Details criteria for the provision of in-person instruction, including compliance with the Strong Schools NC Public Health Toolkit, as it existed on December 4, 2020, for implementation of Plan A (Minimal Social Distancing) and Plan B (Moderate Social Distancing) as appropriate for reopening. Requires instruction under Plan A to students with an individualized education program or a section 504 plan. Requires the use of Plan A or Plan B for all other students in K-12. Requires inclusion of a remote instruction option for a student's parent or guardian to elect for the remainder of the 2020-21 school year to be available for all students. Grants local boards of education flexibility in school assignments, and day-to-day shifts from in-person instruction to remote instruction due to COVID-19 exposures resulting in insufficient school personnel or required student quarantines. Requires a local board to report any shift by a school or classroom to remote instruction to the Department of Public Instruction (DPI) within 72 hours of the shift.

    Encourages local boards to coordinate with local health departments and vaccine providers to facilitate scheduling COVID-19 vaccination events for frontline K-12 school-based employees.