NCACC Public Education Steering Committee Legislative Update October 2013

Public Education Goals PE-1: Reinstate ADM and lottery funds for school construction. (Priority Goal) PE-2: Maintain state responsibility for replacement and risk management exposures for operation of school buses. PE-3: Provide sufficient funds for community college workforce training programs. PE-1: Reinstate ADM and lottery funds for school construction. The budget appropriates $100 million for school construction for 2013-14 but eliminates statutory requirements for lottery funding. The tax reform package permanently eliminated the corporate tax set-aside for school construction needs (ADM Fund). PE-2: Maintain state responsibility for replacement and risk management exposures for operation of school buses. The state budget maintains state responsibility for school bus replacement. PE-3: Provide sufficient funds for community college workforce training programs. The state budget appropriates $4.8 million to community colleges for the N.C. Back to Work program.

Public Education Goals continued PE-4: Restore local control of school calendar. PE-5: Authorize the option for counties to acquire, own and construct traditional public school sites and facilities. PE-4: Restore local control of school calendar. Numerous statewide and local bills were introduced, but none saw any action. PE-5: Authorize the option for counties to acquire, own and construct traditional public school sites and facilities. S236 (Counties Responsible for School Construction), a local bill for several counties, and H726 (Wake County Commissioners Responsible for School Construction) are eligible for consideration in the Short Session.

New Public Education Laws H765 - Jury Instructions for School Budget Dispute S337 - NC Charter School Advisory Board H250 - Charter School Enrollment and Charter Revisions S189 - Amend Law Defining Home Schools H269 - Children With Disabilities Scholarship Grants H765 – Jury Instruction for School Budget Dispute: Revises the funding issues to be considered when a judge or jury deliberates over a local board of education’s disagreement with its county commissioners on the funds allocated to the local schools. The bill language tracks a 2009 NC Supreme Court decision involving Beaufort County. S.Ct. found that trial ct’s instruction wrt amt “needed” was too expansive an failed to preserve the discretionary authority of the cc’s under state constitution. Requires that the judge or jury find facts as to the amount of money “legally necessary” from all sources AND from the board of county commissioners in order to maintain a system of free public schools. The judge or jury must consider: (1) the educational goals and policies of the state and local board of education, (2) the budgetary request of the local board of education, (3) the financial resources of the county and local board of education, and (4) the fiscal policies of the board of county commissioners and board of education. S337 – NC Charter School Advisory Board This bill enacts comprehensive changes to charter school laws. It abolishes what was the Charter School Advisory Council and creates the North Carolina Charter School Advisory Board, which would no longer be an independent decision-making body, but rather purely advisory. The board would make recommendations and support the State Board of Education (SBE) on charter school issues, applications, and renewals. It requires that at least 50% of teachers in charter schools have a teaching license and that all teachers in the core subjects of math, language arts, social studies, and science have a college degree. Also requires that the charter school follow the same criminal history check policy as the LEA within which the school resides. LEAs will now be required to transfer to a charter school the per pupil share of the local current expense fund, “within 30 days of the receipt of monies into the local current expense fund,” along with information on how the per pupil share was calculated. Also, property that is wholly used by a charter school for educational purposes will now be exempt from property tax. Finally, a charter school now has the right to appeal to its county commissioners if it cannot reach an agreement with its LEA on leasing available buildings or land. H250 – Charter School Enrollment and Charter Revisions The bill expands priority enrollment for children of charter school employees and additional siblings of charter school students (also children of initial BOD members and children returning from study abroad program). It also allows a charter school to expand by one grade higher per year without required approval from the State Board of Education (SBE), as long the school has not had “inadequate performance” under N.C. Gen. Stat. §115C-238.29G(a1). S189 – Amend Law Defining Home Schools The bill amends the definition of “home school” to allow parents, legal guardians or members of up to two (2) families to decide the scope and timing of the curriculum, provide instruction and determine outside sources of instruction. H269 – Children With Disabilities Scholarship Grants It reimburses families of eligible students up to $3,000/semester to pay for special education and related services in non-public schools. There was a great deal of debate over this scholarship grant (or voucher) bill. Critics point out that poor families, who cannot afford an expense of $3,000, would be precluded from participating because the bill only allows for reimbursement of tuition and costs. Advocates contend that the state will save money because the cost of educating these students in public schools is in some cases greater than the $3,000 reimbursement. Approximately six (6) states have comparable programs: Florida, Georgia, Louisiana, Ohio, Oklahoma, and Utah

More Education Laws H 23 - Digital Learning Competencies/School Employees H44 - Transition to Digital Learning in Schools S14 - Increase Access to Career/Technical Education H146 - Back to Basics H428 - NC School Bus Safety Act H23 – Digital Learning Competencies/School Employees Requires integration of digital teaching and learning into requirements for teacher licensure renewal, lateral entry teachers, and continuing education for school administrators. Prospective student teachers and school administrators must demonstrate competencies in using digital instructional technologies. Also, students in school administrator programs will be required to demonstrate competencies in supporting teachers and school personnel to use digital instructional technologies. These requirements will be effective 2017. H44 – Transition to Digital Learning is Schools States the intent of the General Assembly to transition from funding textbooks to funding digital materials, including textbooks and other educational resources, by 2017. S14 – Increase Access to Career/Technical Education Requires SBE to establish, implement, and determine the impact of adding endorsements to high school diplomas indicating the following: (1) career, (2) college, or (3) college and career. SBE must work with the SBCC to develop strategies for increasing the number of high school students in CTE, particularly in engineering, industrial technologies, and other occupations with high employment opportunity. H146 – Back to Basics The bill provides that the standard course of study shall include cursive writing (with legibility by the end of 5th grade) and the memorization of multiplication tables. General Assembly staff conducted a survey of the 115 local education agencies (LEAs), and found that, of the sixty-five (65) respondents, sixty-two (62) are teaching cursive and requiring the memorization of multiplication charts. H428 NC School Bus Safety Act Establishes criminal penalties and a fine of $500 for passing a stopped school bus. The criminal penalties become more severe and the fine increases to $1,250 if a student is struck and $2,500 if the student is killed. Further consequences, including license revocation, are established for multiple offenses. The bill also encourages local boards of education to use fine proceeds for passing a stopped school bus to purchase automated cameras and video recording systems to install on school buses to help detect and prosecute violators.

NC State Budget Impacts on Education Eliminates statutory language guaranteeing 40% of lottery funds to counties for school construction Appropriates $100 M (approx. 22%) in lottery funds for school construction for third consecutive year Reduces teacher assistant allotments By 21% in 1st year ($110M R, $10M NR) Restores $376 million LEA flexibility cut Reduces teacher, instructional support, & supplies allotments by $310 million

More State Budget Impacts Eliminates teacher tenure Replaces w/ 1-4 year performance contracts Increases SRO funding & requires new safety procedures Authorizes sheriffs to establish volunteer SRO Raises community college tuition by $2.50 per credit hour & continuing education by $5 per course Continues NC Back to Work program

Waiting in the wings S236 - Sup. Ct. Judge Can Perform Marriage (formerly, Counties Responsible for School Construction)