Summary of 2010 Ratified Legislation: Senate Version

To view entire Bill click on Bill number or title.

SB 66 Comprehensive Arts Education Plan (=H 149) (Dorsett) An Act to provide a Comprehensive Arts Education Plan by appointing a task force.  The task force shall specifically consider policies to implement arts education in the public schools as defined in the existing Basic Education Program under G.S. 115C-81, to include (i) an arts requirement in grades K-5, (ii) availability of all four arts disciplines in grades 6-8, with students required to take at least one arts discipline each school year, and (iii) availability of electives in the arts at the high school level. The task force shall further consider a high school graduation requirement in the arts and the further development of the A+ Schools Program. The task force shall submit its recommendations, including any proposed legislation, to the Joint Legislative Education Oversight Committee no later than December 1, 2010. Effective July 1, 2010.

SB 704 Reform Low Performing Schools (Glazier) Authorizes the State Board of Education to approve requests of local boards of education to reform continually low-performing schools as either a transformation model, restart model, turnaround model, or school closure model; to define transformation model as a school which increases teacher and school leader effectiveness, creates comprehensive instructional reform strategies, increases learning time, creates community-oriented schools, and provides operational flexibility and sustained support; to define restart model as allowing the school to operate under the same rules as a charter school or under the management of an educational management organization with no increase in the maximum number of charter schools as provided in G.S. 115C-238.29d(b); to define turnaround model as replacing the principal if the principal has been in that position for at least three years and rehiring no more than fifty percent of school staff, adopting a new school governance structure consistent with Article 8b of Chapter 115C of the General Statutes, and implementing an instructional program aligned with the standard course of study; to define school closure model as closing the school consistent with G.S. 115C-72 and enrolling the students in another higher-achieving school in the local school administrative unit consistent with Article 25 of Chapter 115C of the General Statutes; and to provide authorization to the State Board to adopt rules and procedures consistent with these defined models; and to implement these models with annual reporting to the State Board of Education from the local school administrative units. Chaptered S.L. 2010-1, May 27, 2010.

SB 897 Appropriations Act of 2010 (Dannelly) Modifies the current Operations and Capital Improvements Appropriations Act of 2009 and for other purposes. This bill was summarized in a budget spreadsheet and in a document entitled Budget Special Provisions, distributed previously. Effective July 1, 2010.

SB 900 Studies Act of 2010 (Rouzer) The Studies Act was summarized in a document entitled Technical Bills and Studies Bill document, distributed previously. It contains fourteen studies that are directly and indirectly related to public schools and education. Please see the bill or the summary document for the complete list. Effective when it becomes law.

SB 1119 Early Education Certification (=H 1783) (Blue) Requires all early care and education providers working in licensed child care centers or licensed family child care homes to obtain and maintain Early Educator Certification. Effective when it becomes law. 

SB 1151 Supplemental Nutrition Assistance Program (=H 1775) (Purcell) Directs the Division of Social Services of the Department of Health and Human Services to examine ways to expand and enhance the Supplemental Nutrition Assistance Program in North Carolina, as recommended by the Legislative Task Force on Childhood Obesity. Effective when it becomes law.

SB 1152 Study Child Nutrition Program (=H 1777) (Purcell) Authorizes the Joint Legislative Program Evaluation Oversight Committee to direct the Program Evaluation Division to study indirect costs under Child Nutrition Programs.  Effective when it becomes law.

SB 1165 General Statutes Comm. Technical Corrections (Hartsell) The bill was summarized in the Technical Bills and Studies Bill Summary document, distributed previously. It contains two really technical changes to 115C public school law. Please see the bill or the summary for complete information. Effective when it becomes law.

SB 1198 Education Cabinet Est. STEM Priority (=H 1699) (Swindell) The Education Cabinet shall set as a priority an increase in the number of post-secondary credentials in the fields of science, technology, engineering, and mathematics and to support efforts to achieve that priority, as recommended by the Joint Legislative Joining Our Businesses and Schools (JOBS) Study Commission. Effective July 1, 2010.

SB 1199 Establish a Regional School Planning Commission (=H 1724) (Swindell) An act to create the agriscience and biotechnology regional school planning commission to develop and plan a regional school of agriscience and biotechnology. Effective when it becomes law.

SB 1201 Add’l Flex/ Coop. Innov. High School (=H 1719) (Swindell) Provides additional operating flexibility to Cooperative Innovative High Schools, as recommended by the Joint Legislative Joining Our Business and Schools (JOBS) Study Commission. Effective with the 2010-2011 school year.

SB 1202 Budget Technical Corrections (Swindell) The bill was summarized in the Technical Bills and Studies Bill Summary document distributed previously. There are five budget technical changes included in this bill that impact public schools directly and indirectly. Please see the bill or the summary for complete information. Effective July 1, 2010.

SB 1210 Increase Licensure Fees/Athletic Trainers (Hoyle) Authorizes the North Carolina Board of Athletic Trainer Examiners to increase licensure fees under the Athletic Trainers Licensing Act.  The fees are increased for issuance ($200), renewal ($75.00), and reinstatement ($100). Effective when it becomes law.

SB 1212 Local Gov’t Other Post-Employment Benefits (Clodfelter) Repeals the Local Government Other Post-employment Benefits (OPEB) Fund and to allow each unit of Local Government including local school administrative units to establish a separate OPEB Fund that may then be invested by the Department of State Treasurer. Effective July 1, 2010.

SB 1242 Clarifying Changes to General Statutes (Graham) The bill was summarized in the Technical Bills and Studies Bill Summary document, distributed previously. It does not include any changes directly impacting public schools. Public school statute changes become effective when it becomes law.

SB 1244 SBOE Members Ex Officio to Econ. Dev. Com. (=H 1826) (Swindell) Adds State Board of Education members as non-voting Ex Officio Members of the Commission for each of the seven economic development regions, and adds the Secretary of the Department of Cultural Resources as a non-voting Ex Officio Member of the Economic Development Board.  Effective when it becomes law.

SB 1246 Four Year Co-Hort Graduation Rate (=H 1877) (Davis) Directs the State Board of Education to develop a growth model for establishing short-term annual goals for improving the four-year cohort graduation rate and establishes a long-term goal of increasing the statewide four-year cohort graduation rate. The bill also allows military dependents whose parents are deployed to attend school before the age of five in North Carolina if eligible in the state where the child’s parent is permanently stationed.  Effective when it becomes law.

SB 1248 Early Identification and Intervention for At-Risk Students (=H 1875) (Davis) Local school administrative units shall identify students at risk of academic failure and not making progress toward graduation no later than the fourth grade, and provide personal education plans for those students. Requires local school administrative units to certify compliance annually to the State Board of Education, and to require the State Board of Education to periodically review data on the progress of identified students and report to the Joint Legislative Education Oversight Committee. Effective when it becomes law.

SB 1251 State Health Plan/Treat Teachers Equitably (=H 1853) (Blue) An Act to grant the same health benefit coverage currently provided to other state employees to teachers who have worked a full school year but it will not provide non-contributory Health benefit coverage to former state employees who are provided non-contributory health benefit coverage by a subsequent employer. Health plan coverage will be provided to employees who have completed a contract term of employment of 10 or 11 months and whose employing unit is a local school administrative unit, and whose jobs are eliminated, because of a reduction, in the funds used to support the job or its responsibilities, provided the employees were covered by the Plan at the time of separation from service resulting from a job elimination. Effective May 1, 2010.

SB 1392 State Health Plans/Court Ordered Guardianships (=H 1991) (McKissick) Allows State employees to enroll children for which they are court-appointed guardians as dependents in the North Carolina State Health Plan for Teachers and State Employees.  Dependent child also includes a child for which an employee is a court-appointed guardian, as long as the employee is legally responsible for the child’s maintenance and support. Effective July 1, 2010.

SJR 1462 Sine Die Adjournment Resolution A joint resolution setting the time for adjournment of the 2010 General Assembly and to convene the 2011 Regular Session of the General Assembly on January 26, 2011. Effective July 10, 2010.

Summary of 2010 Ratified Legislation: House Version


To view entire Bill click on Bill number or title.

HB 213 VSL Non-Family Sick Leave Donations (=S352) (Insko) Requires the adoption of rules and policies for the Voluntary Shared Leave Program that will permit the donation of sick leave to a non-family member recipient for state employees subject to the State Personnel Act and for public school employees, and requires the State Personnel Commission, the State Board of Education, and the State Board of Community Colleges to make an annual report on the Voluntary Shared Leave Program.  Effective January 1, 2011.

HB 357 School Absence for Religious Holidays (Bordsen) An act to direct the State Board of Education, the State Board of Community Colleges, and the Board of Governors of the University of North Carolina to adopt rules or policies pertaining to religious holidays and the academic work missed because of the observance of those holidays and to direct public schools to instruct students on the significance of Memorial Day. Effective when it becomes law and applies to the 2010-2011 school year.

HB 593 Modify Good Cause Waivers (Luebke) An act to modify the school calendar law regarding waivers for good cause due to inclement weather or emergency conditions, and to limit the use of public funds by counties, municipalities, and local boards of education to endorse or oppose a referendum, election, or candidate for office. Effective when it becomes law and applies to the 2010-2011 school year.

HB 636 School Calendar Flexibility/Inclement Weather (Haire) Entitles certain local boards of education additional flexibility with regard to instructional time lost due to inclement weather. Effective when it becomes law and applies to 2009-2010 school year.

HB 901 Honors Courses in Healthful Living (Insko) Directs the State Board of Education to develop or identify academically rigorous honors-level courses in healthful living education that can be offered at the high school level. Effective June 28, 2010.

HB 961 Gov’t Ethics & Campaign Reform Act of 2010 (Glazier) An act that will in part strengthen transparency of government through increasing and clarifying accessibility to legislative records and other public records. Effective July 10, 2010.

HB 1292 Univ. Energy Savings/LEA Operational Leases (Harrison) Expand the use of operational leases by local boards of education. Effective July 1, 2010.

HB 1377 Safe Schools Act (Folwell) If a career employee has been recommended for dismissal under G.S. 115C-325(e)(1) and the employee chooses to resign without the written agreement of the superintendent, then: a. The superintendent shall report the matter to the State Board of Education, b. The employee shall be deemed to have consented to (i) the placement in the employee’s personnel file of the written notice of the superintendent’s intention to recommend dismissal and (ii) the release of the fact that the superintendent has reported this employee to the

State Board of Education to prospective employers, upon request. The provisions of G.S. 115C-321 shall not apply to the release of this particular information. c. The employee shall be deemed to have voluntarily surrendered his or her certificate pending an investigation by the State Board of Education in a determination whether or not to seek action against the employee’s certificate. This certificate surrender shall not exceed 45 days from the date of resignation. Provided further that the cessation of the certificate surrender shall not prevent the State Board of Education from taking any further action it deems appropriate. The State Board of Education shall initiate investigation within five working days of the written notice from the superintendent and shall make a final decision as to whether to revoke or suspend the employee’s certificate within 45 days from the date of resignation. Effective when it becomes law.

HB 1669 Require Use EVAAS in Schools (=S 1139) (McLawhorn) Requires school improvement teams to use EVAAS or a compatible and comparable system approved by the State Board of Education to collect diagnostic information on students and to use that information to improve student achievement. Effective when it becomes law.

HB 1676 Substitute Teacher Unemployment (=S 1143) (Fisher) Restores a balance to the law on unemployment compensation for substitute teachers as recommended by the Joint Legislative Education Oversight Committee.  Effective June 28, 2010.

HB 1682 Ban Corporal Punishment for Children with Disabilities (=S 1138) (Glazier) Prohibits the use of corporal punishment on a student with a disability as defined in G.S. 115C-106.3(1) or section 504 of the Federal Rehabilitation Act of 1973 whose parent or guardian has stated in writing that corporal punishment shall not be administered on that student, and to require local Boards of Education to report occurrences of corporal punishment to the State Board of Education. Effective when it becomes law and applies to 2010-2011 school year.

HB 1683 Amend Sunset/Children with Disabilities (=S 1140) (Glazier) Delays the sunset of an act pertaining to the discipline and homebound instruction of students with disabilities as recommended by the Joint Legislative Education Oversight Committee.  Effective June 28, 2010.

HB 1707 SHP/Age-Out Dependents; Tobacco Use Testing (Holliman) Allows a dependent child, enrolled in the North Carolina State Health Plan for Teachers and State Employees (Plan) as of May 1, 2010, to remain on the Plan through the end of the month following the child’s 26th birthday, regardless of GS 135-45.2(d)(1) (requiring that the dependent child be a full-time student to qualify) provided that the child is not eligible for other employer-sponsored health benefit coverage; effective June 1, 2010, and repealed July 1, 2011. Directs the executive administrator of the Plan to consult with the Committee on Employee and Hospital Medical Benefits before implementing a plan to verify tobacco use by Plan members.  Session Law June 7, 2010.

HB 1726 Improve Child Care Nutrition/Activity Standards (Weiss) An act to require the Child Care Commission, in consultation with the Division of Child Development of the Department of Health and Human Services, to develop improved nutrition standards for child care facilities, to direct the Division of Child Development to study and recommend guidelines for increased levels of physical activity in child care facilities, and to direct the Division of Public Health to work with other entities to examine and make recommendations for improving nutrition standards in child care facilities. Effective when it becomes law.

HB 1757 Fitness Testing in Schools (=S 1296) (Insko) Directs the State Board of Education to develop guidelines for public schools to use evidence-based fitness testing for students statewide in grades kindergarten through eight, as recommended by the Legislative Task Force on Childhood Obesity.   Effective with the 2011-2012 school year.

HB 1829 Renewable Energy Incentives (Luebke) To provide a written allocation of the federal §179d tax deduction for energy efficient commercial buildings owned by a governmental entity. Effective when it becomes law.

HB 1864 No High School Graduation Project Required (=S 1253) (Cole) Removes the high school graduation project as a requirement for graduation. Amends GS 115C-81(b).  Effective July 1, 2010.

HB 1998 Reciprocity for ORP Service (Haire) Authorizes reciprocity for service in the Optional Retirement Program for members of the Teachers and State Employees Retirement System.   Effective July 1, 2010.

HB 1973 Various Economic Incentives (Owens) Encourage the use of multiple award schedule contracts by the Department of Administration, when issuing requests for proposals for state contracts. This is the final section of this bill. Effective when it becomes law.

HB 2054 Retirement Technical Corrections (Tucker) Makes technical corrections to the statutes governing the Teachers’ and State Employees’ Retirement System and the Local Government Employees’ Retirement System. The major changes address benefit options and who may be designated to receive them. Effective July 1, 2010.

HB 2066 Special Retirement Allowances (Bryant) At any time coincident with or following retirement, a member may make a one-time election to transfer any portion of the member’s eligible accumulated contributions, not including any Roth after-tax contributions and the earnings thereon, from the Supplemental Retirement Income Plan of North Carolina or the North Carolina Public Employee Deferred Compensation Plan to this Retirement System and receive, in addition to the member’s basic service, early or disability retirement allowance, a special retirement allowance, which shall be based upon the member’s transferred balance. Notwithstanding anything to the contrary, a member may not transfer such amounts as will cause the member’s retirement allowance under the System to exceed the amount allowable under G.S. 135-18.7(b). The Board of Trustees may establish a minimum amount that must be transferred if a transfer is elected. In addition there are various other references to retirement benefits in this bill. The majority of the bill is effective January 1, 2011.

FINAL 2010 LEGISLATIVE SESSION MEMO

The House and Senate returned on Tuesday, July 6th after the long July 4th holiday weekend. Things began in a flurry as the Democrats and Republicans in both the House and Senate caucused at various times during the day. The Senate recessed at least twice to caucus on amendments to HB 1973, Economic Incentives. The General Statutes Technical (really technical) bill moved out of both chambers (the same) and as of Wednesday we were still waiting to see the budget technical bill, clarifying technical, appointments and the study bill. The House was in Session until 8:00PM on Tuesday, while the Senate adjourned around 6:00PM.

On Wednesday, the House and Senate convened their Sessions at 2:00 PM. The House spent more than 3 hours debating the video sweepstakes ban bill. There was intense lobbying on this issue and in the end the bill (banning video sweepstakes games), passed by a wide margin. They recessed to attend an event and returned at 8:15 PM to vote on the remainder of bills on their calendar. Meanwhile, the Senate met several times to vote on bills, caucus, and hold committee meetings before adjourning for the day at 6:00 PM.

On Thursday, they convened in the morning to try and finish more bills to wind up the Session by Friday/Saturday. The Senate spent much of the day working on just a few bills, including DNA testing of persons arrested, environmental laws, and economic incentives. Some of the bills still pending include technical corrections, budget technical corrections, study bill, government ethics bill, economic incentives bill, clarifying technical corrections, and renewable energy incentives. The House continued its quest through pages of bills and supplemental calendars. Again the day and evening was spent in and out of Session. After the House adjourned the clarifying technical corrections bill was rolled out of Judiciary I for approval. The Senate was the last to finish the day and adjourned around 6:00 PM.

On Friday, both chambers convened at 10:00 AM. They heard a few bills and once again both chambers recessed to go to Committee meetings. House Education met to approved two bills for concurrence. House bill 593 and Senate bill 1248, listed below. By 5:00 PM many of the bills yet to be resolved were being rolled out, while budget technical corrections, was still being negotiated between the House and Senate. The Senate approved SJR 1462, the Adjournment resolution and amended the Friday date to Saturday. They were trying to finish by 2:00AM. They recessed at until after 9:00 PM. The House Appropriations Committee was called to meet at 8:00 PM, one of the final bills, budget technical corrections (SB 1202) was approved and sent to the floor for a House vote and Senate concurrence. Representative Dollar amended the bill to require agencies faced with the possible additional one percent cut to make all savings possible before releasing employees. His amendment passed, but after some discussion, the House voted to reconsider the vote by which his amendment passed, and defeated the amendment the second time around. The amendment was requested by the State Employees Association to try and protect against further layoffs of State employees.

They worked until 5:30 AM when they adjourned Sine Die the 2009 Session of the General Assembly and will return January 26, 2011.

The Governor now has thirty days to sign bills that have passed within 10 days of adjournment, veto the bills, or the bills will become law.

Legislative Session final wrap-up documents will be completed and distributed in the next two to three weeks.

House Committees

Appropriations

SB 1202 Budget Technical Corrections (title changed) Favorable Report to Committee Substitute.

Education:

SB 593 Change Starting Date of School Calendar (title changed to Modify Good Cause Waivers) Concurred with Senate committee substitute and amendment.

SB 1248 Early Identification& Intervention for At-Risk Students Concurred.

Energy and Energy Efficiency:

HB 1292 University Energy Savings/LEA Operational Leases Concurred in Senate Committee Substitute.

Judiciary I:

HB 1740 General Statutes Comm. Technical Corrections Favorable Report. Referred to House Judiciary II.

SB 1165 General Statutes Comm. Technical Corrections Favorable Report Committee Substitute.

SB 1242 Clarifying Changes to the General Statutes Favorable Report Committee Substitute.

Pensions & Retirement

SB 1392 State Health Plan/Court–Ordered Guardianships Favorable Report.

Rules.

SB 900 Studies Act of 2010 Favorable Report Committee Substitute.

State and Local Government

HB 213 VSL Nonfamily Sick Leave Donations Favorable Report.

House Floor

SB 593 Modify Good Cause Waivers Concurred.

SB 716 2009 Omnibus Campaign Finance Law Changes Passed 3rd reading after four amendments tightening up various sections and by eliminating the provision requiring a one year time before legislators could enter the lobbying profession.

SB 900 Studies Act of 2010 Passed 2nd and 3rd reading with amendment. Ratified.

SB 1119 Early Education Certification & Consolidation Regulations (Title Changed Early Education Certification).  Passed 2nd and 3rd reading. Ratified.

SB 1152 Study Child Nutrition Program Passed 2nd and 3rd reading, Ratified.

SB 1165 General Statutes Comm. Technical Corrections Passed 2nd and 3rd reading as amended.

SB 1199 Establish Regional Planning School Commission (Title Changed) Passed 2nd and 3rd reading. Ratified.

SB 1202 Budget Technical Corrections Passed 2nd and 3rd reading. Ratified.

SB 1210 Increase Licensure Fees/Athletic Trainers Passed 2nd and 3rd reading, Ratified.

SB 1242 Clarifying Changes to the General Statutes Passed 2nd and 3rd reading, Ratified.

SB 1248 Early Identification& Intervention for At-Risk Students Concurred. Ratified.

SB 1251 State Health Plan/Treat Teachers Equitably Failed to Concur Conference Committee appointed. Concurred in Conference report. Ratified.

SB 1256 Brevard Academy Retirement Election Passed 2nd and 3rd reading. Ratified.

SB 1392 State Health Plan/Court–Ordered Guardianships Passed 2nd and 3rd reading. Ratified.

SJR 1462 Adjournment Resolution Concurred. Ratified.

HB 357 School Absence for Religious Holidays (Title Changed) Concurred. Ratified.

HB 213 VSL Nonfamily Sick Leave Donations Passed 2nd and 3rd reading, Ratified.

HB 961 Gov’t Ethics and Campaign Reform Act of 2010. Concurred in conference report.

HB 1292 University Energy Savings/LEA Operational Leases Passed 2nd and 3rd reading. Ratified.

HB 1377 Safe Schools Act Concurred. Ratified.

HB 1726 Improve Child Care Nutrition/Activity Standards Concurred. Ratified.

HB 1757 Fitness Testing in Schools Passed 2nd and 3rd reading, Ratified.

HB 2066 Special Retirement Allowances Concurred. Ratified.

Senate Committees

Education:

HB 593 Change School Starting Date (Title Changed) Favorable Report Proposed Committee Substitute.

HB 856 Modify Charter School Law Removed From Agenda.

HB 900 Nutrition Stds./All Foods Sold at School Discussed, no vote taken.

HB 1757 Fitness Testing in Schools Favorable Report.

Pensions & Retirement & Aging:

HB 2066 Special Retirement Allowances Concurred in Senate Amendment.

Judiciary II:

HB 1377 Taxpayer Optimization Act (Title Changed) Safe Schools Act Concurred in S/Committee Substitute.

Senate Floor

HB 357 School Absence for Religious Holidays (Title Changed) Concurred in PCS. Ratified.

HB 593 Change School Starting Date Passed 2nd and 3rd reading. Ratified.

HB 961 Gov’t Ethics and Campaign Reform Act of 2010 Passed 2nd and 3rd reading. Concurred in conference report.

HB 1377 Safe Schools Act Passed 2nd and 3rd reading in PCS.

HB 1726 Improve Child Care Nutrition/Activity Standards Passed 2nd and 3rd reading. Ratified.

HB 1757 Fitness Testing in Schools Ratified

HB 1778 Charter School/Retirement/SHP Election Failed to Concur in PCS.

HB 1973 Keep North Carolina Competitive Act Failed to Concur, Conference Committee appointed. Concurrence in conference report.

HB 2066 Special Retirement Allowances Concurred. Ratified.

SB 716 2010 Ethics and Government Reform Changes Withdrawn from Calendar Re-referred Rules.

SB 1119 Early Education Certification & Consolidation Regulations (Title Changed Early Education   Certification) Passed 2nd and 3rd reading, Ratified.

SB 1152 Study Child Nutrition Program Passed 2nd and 3rd reading, Ratified.

SB 1165 General Statutes Comm. Technical Corrections Concurred. Ratified.

SB 1199 Establish Regional Planning School Commission (Title Changed) Concurred. Ratified.

SB 1202 Budget Technical Corrections Concurred. Ratified.

SB 1246 Four-Year Cohort Graduation Rate Concurred. Ratified.

SB 1248 Early Identification & Intervention for At-Risk Students Passed 2nd and 3rd reading. Ratified.

SB 1251 State Health Plan/Treat Teachers Equitably Failed Concurrence in House amendment, Conference Committee appointed. Concurred in conference report. Ratified.

SB 1256 Brevard Academy Retirement Election Passed 2nd and 3rd reading. Ratified.

SJR 1462 Adjournment Resolution Passed 2nd and 3rd reading.

2010 LEGISLATIVE SESSION MEMO #10

July 6, 2010

The House and Senate returned on Monday and finished the budget on Wednesday afternoon. The Governor had a signing ceremony at 5:00 PM on Wednesday, surrounded by legislators and children. Of interest was the $10 million in new funding she had added to the budget for the handheld diagnostic devices used by teachers to assess children, using the Dibbles software. The deep cuts to public schools were averted by capturing lottery proceeds from the lottery reserve and the lottery capital fund and putting them in the class size reduction allotment. The only other major issue facing public schools in 2010-2011 is the $518 million loss of Federal funding. That may translate into a one percent cut to public schools in January of 2011. Though this budget is completed NC will be facing a $3 billion budget hole in 2011-2012 and the revenue picture in the State is not recovering as many had hoped. Most of the funding hole will occur with the loss of Federal ARRA and the loss of taxes due to expire in 2011.

Now that the budget is complete the plan is to prepare the wrap-up bills, budget technical corrections, technical corrections, appointments, and study bill. The schedule right now is to work through next week, possibly staying until Saturday to complete the bills they want passed and adjourn sine die, until January 2011.

House Committees

Education:

SB 1119 Early Education Certification & Consolidation Regulations Favorable Report.

SB 1152 Study Child Nutrition Program Favorable Report Re-referred to Health.

SB 1199 Est. Regional School Planning Commission Favorable Report.

SB 1201 Add’l Flex./Coop. Innovative High Schools Favorable Report.

SB 1202 Career Acad. As Coop. Innovative High School Favorable Report Proposed Committee Substitute (PCS).

SB 1244 SBOE Members Ex Officio to Econ. Dev. Commission Favorable Report to PCS.

SB 1246 Four-Year Cohort Graduation Rate Favorable report as amended Re-referred to State Gov’t/ State Personnel.

SB 1323 Amend SEAA Board Membership Favorable Report.

HB 1669 Require Use EVAAS in Schools Concurred on Senate changes.

HB 1757 Fitness Testing in Schools Favorable Report.

Insurance:

SB 1251 State Health Plan/Treat Teachers Equitably Favorable Report Re-referred to State Gov’t/State Personnel.

SB 1392 State Health Plan/Court-Ordered Guardianships Favorable Report Re-referred to Appropriations.

Health:

SB 1152 Study Child Nutrition Program Favorable Report to PCS as amended.

Judiciary I

SB 716 2009 Omnibus Campaign Finance Law Changes Favorable Report as amended.

HB 1740 General Statutes Comm. Technical Corrections Not Heard.

House Floor

SB 716 2009 Omnibus Campaign Finance Law Changes Passed 2nd reading.

SB 897 Appropriations Act of 2010 Passed 2nd and 3rd reading and signed by the Governor.

SB 1151 Supplemental Nutrition Assistance Program Passed 2nd and 3rd reading.

SB 1199 Est. Regional School Planning Commission Passed 2nd and 3rd reading.

SB 1201 Add’l Flex./Coop. Innovative High Schools Passed 2nd and 3rd reading.

SB 1202 Career Acad. as Cooperative Innovative High School Referred to Rules, the language was added to Section 7.21 of the budget, so the bill was no longer needed.

SB 1210 Increase Licensure Fees/Athletic Trainers Passed 2nd reading.

SB 1244 SBOE Members Ex Officio to Econ. Dev. Commission Passed 2nd and 3rd reading.

SB 1246 Four-Year Cohort Graduation Rate Passed 2nd and 3rd reading as amended to require interim reporting on progress of reaching 100% graduation goal.

SB 1251 State Health Plan/Treat Teachers Equitably Passed 2nd and 3rd reading.

HB 1669 Require Use EVAAS in Schools Concurred.

HB 1757 Fitness Testing in Schools Favorable Report.

HB 1726 Improve Child Care Nutrition/Activity Standards Passed 2nd and 3rd reading as amended.

Senate Committees

Education:

HB 213 VSL Non-Family Sick Leave Donations Favorable Report Proposed Committee Substitute (PCS).

HB 357 School Absence for Religious Holidays (new title) Favorable Report PCS.

HB 1292 University Energy Savings/LEA Operational Leases (new title) Favorable Report PCS.

HB 1682 Corporal Punishment for Children with Disabilities Favorable Report.

Health:

HB 1726 Improve Child Care Nutrition/Activity Standards Favorable Report.

Pensions & Retirement & Aging:

HB 1386 Moving Leave from Local Gov’t and State Gov’t LEA’s Favorable Report to PCS and sent to Rules. The is a study bill.

Judiciary I:

HB 961 Gov’t Ethics and Campaign Reform Act of 2010 Favorable Report as amended.

Judiciary II:

SB 12 Ban Mobile Phone Use While Driving Favorable Report to PCS and re-referred to Appropriations.

SB 1115 Carteret Schools May Administer Oath Favorable Report PCS.

SB 1165 General Statutes Comm. Technical Corrections Favorable Report.

State and Local Government:

HB 1772 Cherokee School Board Terms Favorable Report.

Senate Floor

SB 897 Appropriations Act of 2010 Passed 2nd and 3rd reading and signed by the Governor.

HB 213 VSL Non-Family Sick Leave Donations Passed 2nd and 3rd reading.

HB 357 School Absence for Religious Holidays (new title) Passed 2nd and 3rd reading.

HB 1292 University Energy Savings/LEA Operational Leases (new title) Passed 2nd and 3rd reading.

HB 1682 Corporal Punishment for Children with Disabilities Passed 2nd and 3rd reading.

What’s Up Next Week

HB 900 Nutrition Stds./All Foods Sold at School

Many More Bills Unknown Yet.

2010 LEGISLATIVE STATE BUDGET MEMO #9

June 30, 2010

The House and Senate returned on Monday to meet at 10:00 AM. The House Democrats and House Republicans caucused on Monday at 5:30/6:15, respectively, to discuss their strategy for the budget vote. The budget is a conference report and though they can debate the document for hours on end, they cannot amend or change the conference report. They can only vote Yes or No. They read the Conference Report (State Budget) in on Monday night and voted on Tuesday 66-49 to pass the report on second reading. The House Republicans

On Wednesday, they are expected to pass the bill on third reading, send it to the Governor where she will likely have a signing ceremony. This is the first time in seven years they will pass the budget before July 1. They rumor is they will try and adjourn sine die by Friday, July 9, which happens to be the day the final State revenue figures are due to be reported and word is they are not good. So the legislature needs to leave and get out of town having passed the budget and all other bills they deemed necessary this year before more troubles arise.

The Education Lottery probably accounts for the biggest change to public school funding for 2010-2011. The legislature had an $800 million funding hole to fill this year. Last year’s budget was just over $19 billion though after it passed the Governor had a 5 percent hold back on funding for all state agencies except education. This year there is an added $518 million beyond the $800 million to cover a possible shortfall in Federal funding for Medicaid aid to the States. The General Assembly has added a contingency plan to the budget should those funds not materialize by January 1, 2011. That plan includes 8 items with the last two being retirement contribution reduced and a 1 percent funding cut to all state agencies, respectively. The 1 percent cut will impact education in this plan and that could mean $70 million to all of public schools which amounts to around $7 million in additional reduced funds to Wake County Schools.

Some of the key funding and budget special provisions (brief) are noted below:

Education Statewide Funding Key Issues 2010-2011:

Lottery Class Size Reduction Funded: $221.6 million

Lottery Capital Funded: $ 113.7 million (reduced from projected $170 million)

Education Stabilization Fund Transfer (swap): $373 million plus (unknown increase)

LEA Flexibility Cut: $304.8 million (Increase $80 million from 2009-2010)

Mentor Pay Additional Cut: $9.2 million (No Program funding for 2010-2011)

Central Office Additional Cut: $2.4 million

Limited English Proficiency Additional Cut: $4 million

Transportation Operations Additional Cut: $10 million

Transportation Bus Replacement Additional Cut: $11.9 million (Emergency Bus Replacement only)

Instructional Supplies Cut: $3.3 million

NC Virtual Public Schools: $5.6 million (Eliminated State funding)

Staff Development Cut: $12.62 million (Eliminated all funding for 2010-2011)

Textbooks Cut: $112.9 million (Eliminated all but $2.5 million for 2010-2011)

Corporate Income Tax for School Construction: $64.5 million (Funding Suspended for 2010-2011)

Drivers Education Funded: $32 million (Funding restored)

The link to the money report:

http://www.ncga.state.nc.us/sessions/2009/budget/2010/SB897_Joint%20Conference%20Committee%20Report%2006-28-10.pdf

State Education Policy Key Issues:

Extraordinary Measures to Manage Loss of Federal Funds: Requires 8 funding sources with the last one being a 1 percent cut to all state agencies including education ($70 million in education)

Lottery Funds: Various funds will be transferred within the State Lottery Fund in 2010-2011. To offset potential cuts to public schools. Capital funding for schools is reduced in this transfer.

Disadvantaged Student Supplemental Fund:  The State Board in allotting DSSF funding shall take into consideration the extent to which the LEA’s policies or expenditures have contributed to or is contributing to increased segregation of schools on the basis of race or socio-economic status.

Protection of the Classroom while Maximizing Flexibility: Allows for the transfer of funds except for school-based positions. LEAs are required to maximize federal funds and desi9gnate all Title I-eligible schools prior to dismissal of classroom-based personnel. Allocation of K-3 teachers and class size requirements shall remain unchanged.

Federal Funds for Education: If additional federal funding is received for public schools the State cannot supplant state funding, but must allocate the additional federal funds to the schools as intended.

Driver Education Program:  The Driver Education program will be reviewed to determine the most appropriate source of funds to support the program and outcomes of the funding on student driving, recommending improvement of services, reduction in costs and/or duplication, and alternative funding mechanisms including fees. Recommendations, November 1, 2010.

NCVPS Formula: The State Board shall implement an allotment formula for NCVPS starting with 2010-2011 school year. The formula shall create a sustainable source of revenue to support student enrollment by adjusting LEAs teacher allotments which are based on average daily membership.

Community College Formula Implementation:  A funding formula for 2011-2012 that will provide funding to LEAs for the purpose of paying tuition for high school students taking Community College courses.

Furloughs: LEAs may furlough employees up to two days with conditions set forth in the provision.

The link to the budget special provisions:

http://www.ncga.state.nc.us/sessions/2009/budget/2010/S897-CCSLExf-4.pdf

%d bloggers like this: