House Bill 82, Summer Learning Choice for NC Families — Proposed Committee Substitute H82-CSRQ-1 [v.2]

Summary

House Bill 82, Proposed Committee Substitute H82-CSRQ-1 [v.2], dated 02/16/2021, General Assembly of North Carolina, Session 2021 (3 pages). Its short title is Summer Learning Choice for NC Families, and it was referred on February 16, 2021. Part I would have each local school administrative unit offer a six-week school extension learning recovery and enrichment program after the 2020-2021 school year, using available funds including federal funds received to respond to COVID-19, with at-risk students prioritized and at least five hours of instruction a day. Part II would require innovative benchmark assessments, and the act is effective when it becomes law.

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“House Bill 82, Summer Learning Choice for NC Families — Proposed Committee Substitute H82-CSRQ-1 [v.2].” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2017-06-02-h82-csrq-1-v2-9975b29964/, SHA-256 9f782a7b0c7fde23b9ec5b91271212aaed362ce555cbdd62dec49f355415299c.

Full text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H D
HOUSE BILL 82
PROPOSED COMMITTEE SUBSTITUTE H82-CSRQ-1 [v.2]
02/16/2021 05:10:37 PM
Short Title: Summer Learning Choice for NC Families. (Public)
Sponsors:
Referred to:
February 16, 2021

1 A BILL TO BE ENTITLED
2 AN ACT TO ESTABLISH SCHOOL EXTENSION LEARNING RECOVERY AND
3 ENRICHMENT PROGRAMS IN EACH LOCAL SCHOOL ADMINISTRATIVE UNIT
4 TO MITIGATE THE IMPACTS OF COVID-19 ON AT-RISK STUDENTS AND TO
5 REQUIRE THE IMPLEMENTATION OF INNOVATIVE BENCHMARK
6 ASSESSMENTS.
7 The General Assembly of North Carolina enacts:
8
9 PART I. SCHOOL EXTENSION LEARNING RECOVERY AND ENRICHMENT
10 PROGRAMS
11 SECTION 1.1. Program Established; Purpose. – Notwithstanding Part 3 of Article
12 16 of Chapter 115C of the General Statutes or any other provision of law, following the end of
13 the 2020-2021 school year, within funds available, including federal funds received by a local
14 school administrative unit for the purpose of responding to the impacts of the coronavirus disease
15 2019 (COVID-19), each local school administrative unit shall offer a six-week school extension
16 learning recovery and enrichment program (program) outside of the instructional school
17 calendar. The purpose of the program shall be to provide in-person instruction on specific
18 subjects, as well as offer additional enrichment activities, to students in kindergarten through
19 grade 12 to address learning losses and negative impacts students have experienced due to
20 COVID-19 during the 2020-2021 school year. Each local school administrative unit shall identify
21 and prioritize at-risk students, consistent with G.S. 115C-105.41(a), for participation in the
22 program. Students who are not identified as at-risk under G.S. 115C-105.41(a) may also
23 participate in a program within space available.
24 SECTION 1.2. Program Plan; Requirements. – Each local school administrative unit
25 shall develop and submit a plan for its program that meets the requirements of this act to the
26 Department of Public Instruction no later than 30 days prior to the final instructional day of the
27 2020-2021 school year. The Department shall notify the local school administrative unit of any
28 necessary changes and approve the program plan with those changes within 21 days of receiving
29 the plan from a local school administrative unit. A charter school is also encouraged to submit a
30 plan that meets the requirements of this section depending on the grade levels served by the
31 school to offer a program consistent with this act. The plan shall include at least the following as
32 components of the program:
33 (1) Instruction shall be delivered for at least five hours a day, which shall not
34 include the time for lunch service, transition periods, and the physical activity
35 period as required by this section. The program shall be offered five days per
36 week for a six-week period.

*H82-CSRQ-1*
General Assembly Of North Carolina Session 2021
1 (2) Lunch service for each instructional day.
2 (3) A period of physical activity during the instructional day.
3 (4) Grade level course offerings and activities in the following:
4 a. For students in kindergarten through third grade, in-person instruction
5 in the following:
6 1. Reading and math, in addition to science instruction for third
7 grade students.
8 2. Integration of the local school administrative unit's reading
9 camp, as defined in G.S. 115C-83.3(4a), into the program.
10 3. At least one enrichment activity. The local school
11 administrative unit shall have discretion in the type of
12 enrichment activity offered, such as a sports, music, or arts
13 program.
14 b. For students in fourth through eighth grade, in-person instruction in
15 the following:
16 1. Reading, math, and science.
17 2. At least one enrichment activity. The local school
18 administrative unit shall have discretion in the type of
19 enrichment activity offered, such as a sports, music, or arts
20 program.
21 c. For high school students:
22 1. In-person instruction in end-of-course subjects.
23 2. Access to modules and teacher support for credit recovery
24 courses necessary to meet graduation requirements.
25 3. In-person instruction for an elective course.
26 (5) Transportation between a student's residence and the school facility housing
27 the program.
28 (6) Voluntary participation by at-risk students in the program. Each local school
29 administrative unit shall notify parents of students identified as at-risk,
30 pursuant to G.S. 115C-105.41(a), and the student's eligibility for participation
31 in the program. Parents of students who qualify for the program shall make
32 the final decision regarding student attendance at the program. However, for
33 students who do attend the program the following shall apply:
34 a. Kindergarten students who participate in the program shall be exempt
35 from retention for the 2021-2022 school year. At the end of the
36 program, if necessary, a supplemental support plan shall be developed
37 for the student for promotion to the first grade.
38 b. For all other students who are at-risk of grade retention for the
39 2021-2022 school year, the student's principal shall reassess the
40 student's promotion eligibility upon completion of the program.
41 (7) Opportunity for additional students to participate, within the space available,
42 after students are prioritized for attendance in the program under subdivision
43 (6) of this section. The local school administrative unit shall establish any
44 criteria for prioritizing additional students participating in the program.
45 (8) Outreach to families and students to increase participation in the program by
46 not only addressing learning losses, but by offering a fun, positive
47 environment with enrichment activities to counteract the negative impacts
48 from COVID-19 on student social interactions and development.
49 SECTION 1.3. Applicable Exceptions for Program Operations. – For each local
50 school administrative unit operating the program, the following shall apply:

Page 2 House Bill 82 H82-CSRQ-1 [v.2]
General Assembly Of North Carolina Session 2021
1 (1) Employment of school personnel. – Notwithstanding Articles 19, 20, 21, and
2 Part 3 of Article 22 of Chapter 115C of the General Statutes, a local board of
3 education shall employ teachers and other school personnel as temporary
4 employees on a contract basis for the six-week period of the program. School
5 personnel employed as temporary employees by a local board of education
6 pursuant to this act shall not be considered an "employee" as defined in
7 G.S. 135-1(10) or a "teacher" as defined in G.S. 135-1(25), nor shall it cause
8 school personnel to be considered an "employee or State employee" under
9 G.S. 135-48.1(10). In addition, school personnel shall not be deemed as
10 earning "compensation" as defined in G.S. 135-1(7a) and shall not be eligible
11 to accrue paid leave during their temporary employment.
12 (2) K-3 class size. – Notwithstanding G.S. 115C-301(c) or any other provision of
13 law, limitations on teacher-to-student class size ratios for kindergarten
14 through third grade shall not apply to classes offered though the local school
15 administrative unit's program.
16 SECTION 1.4. Use of Reading Camp Funds. – Notwithstanding
17 G.S. 115C-105.25(b)(10) and any other provision of law, local school administrative units may
18 use funds allocated to the units for reading camps for the 2020-2021 fiscal year to also support
19 the operation of a school extension learning recovery and enrichment program pursuant to this
20 act.
21 SECTION 1.5. Report. – By October 15, 2021, the Department of Public Instruction
22 shall report to the Joint Legislative Education Oversight Committee on the implementation of
23 this act. The Department shall submit with its report a copy of each program plan submitted to
24 the Department and shall include any other data deemed by the Department to be useful to the
25 Joint Legislative Education Oversight Committee in evaluating the delivery of programs.
26
27 PART II. INNOVATIVE BENCHMARK ASSESSMENTS
28 SECTION 2. Benchmark Assessments. – Part 4 of Article 10A of Chapter 115C of
29 the General Statutes is amended by adding a new section to read:
30 "§ 115C-174.23. Benchmark assessments.
31 Within funds available, the State Board of Education shall provide for and require local
32 school administrative units to implement innovative benchmark assessments in certain grades
33 and core subject areas to allow teachers to more frequently measure student learning and address
34 student learning loss throughout the school year. An innovative benchmark assessment shall
35 provide for educator flexibility, assessments aligned with the standard course of study, and
36 actionable data for teachers, schools, and local school administrative units."
37
38 PART III. EFFECTIVE DATE
39 SECTION 3. Effective Date. – This act is effective when it becomes law. Section 2
40 of this act applies beginning with the 2021-2022 school year.

H82-CSRQ-1 [v.2] House Bill 82 Page 3

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