Senate Bill 37: In-Person Learning Choice for Families — House Education - K-12 (February 10, 2021)

Summary

Staff bill analysis of Senate Bill 37, In-Person Learning Choice for Families, 2021-2022 General Assembly, dated February 10, 2021, for the House Education - K-12 committee. It analyzes the Second Edition, introduced by Sens. Ballard, Lee and Hise and prepared by staff attorney Kara McCraw. The bill would require local school administrative units to offer in-person instruction to students in grades kindergarten through 12 for the remainder of the 2020-2021 school year, under Plan A or Plan B of the StrongSchoolsNC Public Health Toolkit (K-12), with parents able to elect remote instruction. Local boards could shift classrooms or schools to remote instruction because of COVID-19 exposures and would report closures within 72 hours to the Department of Public Instruction. The act would take effect when it becomes law.

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Full text

                                                     SENATE BILL 37:
                                                     In-Person Learning Choice for Families.
      2021-2022 General Assembly
     Committee:     House Education - K-12. If favorable, re-refer Date:        February 10, 2021
                    to Rules, Calendar, and Operations of the
                    House
     Introduced by: Sens. Ballard, Lee, Hise                       Prepared by: Kara McCraw
     Analysis of:   Second Edition                                              Staff Attorney

     OVERVIEW: SB 37 would require all local school administrative units to offer in-person instruction to
     students in grades kindergarten through 12 for the remainder of the 2020-2021 school year.
     CURRENT LAW: The Department of Health and Human Services (DHHS) has provided the
     StrongSchoolsNC Public Health Toolkit (K-12) (Toolkit) as guidance for public schools in reopening for the
     2020-2021 school year. Schools must develop three plans for reopening under the Toolkit that each have
     different health and safety requirements:
         • Plan A: Minimal Social Distancing – This plan is used when all students are in attendance.
         • Plan B: Moderate Social Distancing – This plan is used to limit density in facilities.
         • Plan C: Remote Learning Only – This plan is used when school buildings are closed to students.
     Currently, local school administrative units may operate in Plan A, B, or C for grades kindergarten through
     five, and may operate in Plans B or C for grades six through 12.
     BILL ANALYSIS: Local boards of education (local boards) would be required to provide the option of in-
     person instruction to students in grades kindergarten through 12 for the remainder of the 2020-2021 school
     year as follows:
         • Local boards would be required to comply with the Toolkit requirements for Plan A and Plan B, as that
             guidance existed on February 2, 2021.
         • Local boards would be required to offer in-person instruction under Plan A to all special education
             students (students with an individualized education program or section 504 plan) unless the plan
             prohibited in-person instruction. Parents would have the discretion to elect for those students to
             participate in remote instruction instead.
         • Local boards would be required to offer in-person instruction under Plan A or Plan B to all other
             students. Parents would have the discretion to elect for those students to participate in remote
             instruction instead.
         • Local boards could adjust student assignments to comply with the in-person instruction requirements.
         • Local boards would be able to make day-to-day decisions on shifts of individual classrooms and
             schools from in-person to remote instruction when needed due to COVID-19 exposures that result in
             insufficient school personnel or required student quarantines. Closures would be required to be
             reported within 72 hours to the Department of Public Instruction.
     Local boards of education would be encouraged to coordinate with local health departments and other vaccine
     providers to facilitate coordinating and scheduling COVID-19 vaccination events for frontline K- 12 school-
     based employees.
     EFFECTIVE DATE: This act would become effective when it becomes law and require LEAs to begin
     offering in-person instruction no later than the first weekday occurring 15 days after the effective date.

                                                                                                                                                             Legislative Analysis
     Jeffrey Hudson
                                                                                                                                                                   Division
         Director                                              S37-SMTC-4(e2)-v-1                                                                              919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.


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