2009 Technical Bills and Studies Act Summaries

HB 836 Modify Appropriations Act


Section 1(a) Department of Public Instruction $7,458,261,240. An additional $2 million was added to the total funding to DPI, pursuant to Section 3M(b).

Section 2 Deletes reference to budget code in transferring the Corporate Taxes (school construction funds) “18878” and replaces with “19978.”

Section 3A(c) Amends the reporting date of February 28, 2010 in Section 6.13(Information Technology Coordination Plan) of the budget (and substitutes May 1, 2010).

Section 3E Authorizes the use of $350,000 to Office of the Governor for Education E-Learning Portal and deletes the word annually from the provision.

Section 3F Adds a new sentence “Savings that result from eliminating tests shall be used to implement this section (Assessment and Accountability).”

Section 3G(a) Section 7.19 (Pre-K 20 Data System) deletes language “Department of Public Instruction” and replaces with “State Board of Education.”

Section 3G(b) Section 7.19 is amended by changing the requirement for standards and specifications submission date to March 1, 2010 (was January 1, 2010). Final report date is amended from March 1, 2010 to April 1, 2010.

Section 3H Section 7.41(b) pertains to NBPTS serving as mentors. Effective date is changed from January 1, 2011 to June 30, 2011.

Section 3I Of the funds appropriated to DPI $200,000 may be used to support a Leadership Academy that provides for professional development for superintendents enabling them to train principals.

Section 3J Adds new section to budget bill. Requires the Joint Legislative Education Oversight Committee to develop a plan to restructure the North Carolina Teacher Salary Schedule.  The new language delineates the requirements. The Committee may contract with a consultant to complete the task. The Committee shall report on the plan to the General Assembly, no later than September 30, 2010.

Section 3K Allows the State Board of Education to use up to $1.5 million set aside in G.S. 115C- 546.2 (Corporate Tax revenues) to support positions in DPI’s Support Services Division.

Section 3L Section 7.13(f) changes the funding language for the Dropout Grants. The section now allows $100,000 to be used in each year for a vendor contract. It also allows up to $175,000 each year for use by DPI in providing technical assistance.

Section 3M(a) Section 7.4(a)(5) changes the funding allotment to $788,789 from $717,360. This is the small county funding allotment per pupil.

Section 3M(b) Amends Item 27 on page F4 to eliminate the $2 million reduction to the Small County Supplemental fund.

Section 3N Amends language in Section 5.2(d) of the budget with respect to the Lottery revenues. If actual net lottery revenues exceed the amounts appropriated the excess net revenues shall be allocated on the basis of ADM to the LEAs not qualifying for funding in 2009-2010, 2010-2011.

Section 4 Changes an incorrect reference from (b) to (a).

HB 191 General Statutes Clarifying Corrections


Nothing in this bill impacts public schools.

HB 274 Clarifying Changes to State Law


Section 3.2 Standard qualification for school bus drivers; speed limit for school buses and school activity buses. This section strikes through the word children and replaces it with the following; “one or more child passengers.” It pertains to sections of the law G.S. 20-218 and also makes the same change relative to speed limits for school buses or activity bus.

SB220 General Statutes Commission Technical Corrections


Section 8(c) renames representative of NCCBI to include instead a representative of the North Carolina Chamber when including a person to serve as a representative of business and industry. Modifies 115C-102.15(b)(9)

Section 8(d) same as above 115C-102.12(b)(15)

Section 23 Flags shall be put at half-staff as opposed to half mast.

Section 33 Safety Inspections for Buses This section requires buses to be inspected according to the State Board of Education and G.S. 115C-248.

Section 37 Correct G.S. reference of 115C-103.6A(1) to 115C-102.6A(c)+(1) through (17).

Section 38 Disposition of payment due employees at time of death corrects error in statute number.

Section 39(a) Changes Article 29B to 29C of Session law 2009-212.

Section 39(b) Changes 115C statute numbers to correct errors.

Section 40 Liability for Failure to Perform Duties resets correct statute number 115C-288(d).

HB 945 The Studies Act of 2009


PART II Legislative Research Commission

Section 2.9 Parenting Education. The Commission may study current practices relating to the provision of parenting education in the State in order to enhance parents’ and parenting partners’ competence and confidence to improve child-rearing knowledge and skills.

Section 2.11 After-School Child Care and Related Commission They may study after-school child care and other related programs.

Section 2.13 Youth Violence The Commission may study the causes and effects of youth violence in North Carolina and may review current State, local, and private efforts to prevent youth violence, including working cooperatively with the Department of Juvenile Justice and Delinquency Prevention on youth violence issues that may overlap with the ongoing work of that Department.

Section 2.20 Early Childhood Programs The Commission may conduct a study to include: 1) Assessing the feasibility and desirability of consolidating the North Carolina Partnership for Children, Inc., and the “More At Four” Program; 2) Considering any needed adjustments and the necessary reprioritization of funds to realize the maximum benefit of the State’s children and families, 3) Reviewing any other matters the Commission deems relevant to the study.

Section 2.21 Innovation in Education The Commission may study the feasibility of giving to every public school in North Carolina an incentive of $1,000 per year beginning at grade one and extending to grade 12 if the student successfully meets specific academic, disciplinary, attendance, character and parental involvement goals and benchmarks.

Section 2.22 Legislative Grants The Commission may study the feasibility of providing legislative grants for eligible students who attend North Carolina career colleges and schools.

Section 2.24 Sports Injuries The Commission may study issues relating to sports injuries for all sports at the middle school and high school levels, focusing on the prevention and treatment of injuries.

Section 2.34 Chiropractic Services and Cost-Sharing Under the State Health Plan A study of chiropractic services and cost-sharing under the State Plan for Teachers and State Employees.

Section 2.48 Science, Technology, Engineering and Math (STEM) Innovation and Community Collaboration The Commission may study issues related to economic growth by the creation of measures and metrics which define the readiness of a community to deliver, to all stakeholders, the services that equip the workforce to be competitive in a STEM-intensive economy, including ensuring that students throughout the education pipeline gain the skills learned from science, technology, engineering, math, and other rigorous subjects.

Section 2.60 Issues Relating to the Duration of the Compensation for Temporary Total Disability Under the Workers’ Compensation Act The Commission may study issues relating to the duration of the compensation for temporary total disability under the Workers’ Compensation Act.

Section 2.70 Voluntary Shared Leave Program The Commission may study rules and policies for the voluntary shared leave program that will permit donations of sick leave to a non-family member recipient for State employees subject to the State Personnel Act, public school employees, and community college employees.

PART V. Joint Legislative Education Oversight Committee Studies

Section 5.2 Consolidation of the General Statutes and Administrative Rules Pertaining to High School Programs Offered at Community Colleges. The Committee may study the consolidation of the General Statutes and administrative rules pertaining to high school programs offered at community colleges, including Huskins Bill courses, dual enrollment, Learn and Earn, Learn and Earn Online, and college transfer courses, to facilitate consistency in administration of these programs among colleges and to ensure that revenues are appropriately received by the colleges to fulfill their responsibility in providing these programs to high school students.

Section 5.3 Social Workers in Schools The Committee may study all aspects of the practice of school social work in North Carolina.

Section 5.4 Impact of Student Mobility on Academic Performance The Committee may study the impact of student mobility on academic performance.

Section 5.5 Alternative Schools The Committee may study the number of alternative schools that currently exist in North Carolina, how effective those schools are in helping at-risk students reach academic success, and any other issues that the Committee considers relevant to this topic.

Section 5.6 ABC Bonus Program The Committee may consider (i) the current mechanism for determining which schools’ employees are entitled to bonuses, (ii) the relationship of bonuses awarded to the improvement of student performance and outcomes and reduction in dropout rates, and (iii) any equities and inequities in the current program.

Section 5.7 State-Need Based Financial Aid The Committee may study how best to fund grants, loans, and scholarships made for the purpose of attending institutions of higher education both within and outside of North Carolina including examining the availability and sustainability of existing State, federal, and private funding sources.

PART VI Environmental Review Commission Studies

Section 6.8 Green School Construction Loan Fund The Commission may study the possibility of establishing a Green School Construction Loan Fund to provide no interest loans to local school administrative units for green construction, with priority given to projects that will have the greatest impact on reducing the use of energy and water.

Section 6.13 Recycle Products Containing Mercury The Commission may study the possibility of requiring all public agencies to recycle all spent fluorescent lights and mercury thermostats, requiring the removal of all fluorescent lights and mercury thermostats from building prior to demolition, and banning mercury-containing products from unlined landfills.

PART VII Joint Legislative Utility Review Committee Studies

Section 8.7 Energy Efficiency in State-Funded Buildings The Committee may study the possibility of extending the standards governing energy efficiency and water use for major facility construction and renovation projects involving State, university, and community college buildings to major facility construction and renovation projects involving buildings of entities that receive state funding.

PART XI Legislative Study on Children and Youth Studies

Section 11.2 Issues Related to Children of Incarcerated Parents The Commission may study the issue of incarcerated parents and their children.

PART XIII Department of Health and Human Services to Study the Feasibility of Establishing a School-Based Influenza Vaccination Pilot Program

Section 13.1 The purpose of the program would be to vaccinate against influenza all children ages six months to 18 years in accordance with recommendations of the National Advisory Committee on Immunization Practices. The study would 1) Examine the costs and benefits of establishing a school-based influenza vaccination pilot program;

2) Identify any barriers to implementing the school-based influenza vaccination pilot program and recommend strategies for removing the barriers; and 3) Determine the fiscal impact to the State of the proposed pilot program. The Department may report its findings and recommendations to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Governor not later than October 1, 2010.

PART XXIV UNC Board of Governors, in conjunction with the Department of Public Instruction and the North Carolina Independent Colleges and Universities, to direct the appropriate entity to study the impacts of raising the compulsory attendance age for public school attendance prior to completion of a high school diploma from sixteen to seventeen or eighteen

Section 24.1 The Board of Governors of the University of North Carolina, in coordination with the Department of Public Instruction and the North Carolina Independent Colleges and Universities may direct the appropriate entity to study the impacts of raising the compulsory public school attendance age prior to completion of a high school diploma from 16 to 17 or 18 and may report to the Joint Legislative Education Oversight Committee prior to May 1, 2010.

PART XXVII State Board of Community Colleges to study the feasibility of converting the academic calendar for most of the constituent institutions of the North Carolina Community College System from a semester system to a Trimester System.

Section 27.1 The goal of the study is to evaluate whether switching to a trimester system would better enable a college to more fully use its campus facilities during the summer while still maintaining the academic and programmatic integrity of the institution. The State Board of Community Colleges may report its findings and recommendations to the Joint Legislative Education Oversight Committee by December 1, 2009.

PART XLIX Legislative Task Force on Childhood Obesity

Section 49.2 The Task Force is to consist of 12 members, six members of the House of Representatives and six members from the Senate. The Task Force shall consider and recommend to the General Assembly strategies for addressing the problem of childhood obesity and encouraging healthy eating and increased physical activity among children. All State departments and agencies and local governments and their subdivisions shall furnish the Task Force with any information in their possession or available to them. The Task Force shall submit a final report of the results of the study and recommendations to the 2010 Regular Session of the 2009 General Assembly. The Task Force will terminate on May 1, 2010.

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