Bill Summary for S 873 (2023-2024)

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Summary date: 

May 3 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 873 (Public) Filed Thursday, May 2, 2024
Intro. by Grafstein, Batch, Garrett.

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Bill summary

Recodifies GS 115C-98(b1) (pertaining to media advisory committees advised by local boards of education) as GS 115C-76.45 (now titled restricting use of instructional material), with the following changes.

Removes the provision concerning initial challenges to media by community media advisory committees. Instead, allows parents, teachers, and members of the public to challenge textbooks and supplementary instructional materials on the grounds that they are educationally unsuitable, pervasively vulgar, or inappropriate to the age, maturity, or grade level of the students. Provides for the challenge to be submitted to the superintendent or designee, who will then decide if the material will be removed. If material is prohibited, allows for an appeal to the local board of education if at least 4% of the parents of children attending school request the appeal. Provides for appeal to the local board of education who can only overturn the decision by 2/3 majority vote. Allows local boards to establish community media advisory committees (CMAC) to investigate and evaluate appeals. Provides for further appeal to State Board of Education (Board), which is not subject to judicial review. Requires the Board to establish guidelines for CMAC’s. Specifies that appeals to removals of instructional materials on the basis that the material relates to or includes the study of the role and contributions of any individual or group that is part of a protected class under federal law are prohibited unless the material is discriminatory or contains bias against the protected class. Makes conforming changes to GS 115C-12 (powers and duties of the Board). 

Appropriates $100,000 from the General Fund to the Department of Public Instruction in nonrecurring funds for the 2024-2025 fiscal year to develop and distribute guidance to public school units about the provisions of the act and enforcement. 

Effective July 1, 2024, and applies beginning with the 2024-25 school year.