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View NCGA Bill Details2021
Senate Bill 78 (Public) Filed Wednesday, February 10, 2021
Intro. by Davis, Blue.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Feb 11 2021)

SOG comments (1):

Identical bill

Identical to H 112, filed 2/17/21.

Bill History:

S 78

Bill Summaries:

  • Summary date: Feb 10 2021 - View Summary

    Includes whereas clauses. Mandates that all public school 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 21 days following the date the act becomes law. Defines in-person instruction to require meal service and transportation services. Details criteria for the provision of in-person instruction, including compliance with the most current guidance in the Strong Schools NC Public Health Toolkit for implementation of Plan A (Minimal Social Distancing) and Plan B (Moderate Social Distancing) as appropriate for reopening. Requires instruction under Plan A or Plan B to all elementary school students (grades K-5), including those with an individualized education program or a section 504 plan, with the governing board determining whether in-person instruction under Plan A, Plan B, or both Plans is appropriate. Requires the use of Plan B for all middle and high school students in 6-12, including those with an individuated education program or a section 504 plan. Authorizes the governing board to provide in-person instruction under Plan A, Plan B, or both Plans to grades 6-12 students if the Department of Health and Human Services issues guidance for those students to return to school under Plan A. 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.

    Requires provision of in-person instruction and related services to students with an individualized education program in accordance with the student's program or 504 plan. Encourages local boards to prioritize daily in-person instruction to certain at-risk students, including students with disabilities in self-contained classrooms, as defined, students with excessive absenteeism, and students who are identified as at risk for academic failure. 

    Grants governing boards of education flexibility in school assignments to comply with Plan requirements and ensure efficiency in use of resources, 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 governing boards to coordinate with local health departments and vaccine providers to facilitate scheduling COVID-19 vaccination events for frontline K-12 school-based employees. 

    Directs the Department of Public Instruction to coordinate with DHHS to examine the impacts of reopening schools in the various Plans and report to the specified NCGA committee by June 15, 2021.