Senate Bill 173, Free the Smiles Act — Proposed Conference Committee Substitute S173-CCSTC-6 [v.10]

Summary

Senate Bill 173, Proposed Conference Committee Substitute S173-CCSTC-6 [v.10], dated 02/16/2022, General Assembly of North Carolina, Session 2021 (2 pages). Its short title is Free the Smiles Act, and it was referred on March 3, 2021, with House Committee Substitute versions favorable 6/22/21 and 6/23/21. The bill adds a section, G.S. 115C-375.30, letting a parent elect that their child not wear a face covering on public school unit property, with no reason or health certification required and with students treated the same regardless of the election. It extends the requirement to local boards, charter schools and laboratory schools, repeals Section 10 of S.L. 2021-130 on monthly voting requirements on face coverings, and is effective when it becomes law.

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Full text

                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                      SESSION 2021
     S                                                                                                D
                                         SENATE BILL 173
                            House Committee Substitute Favorable 6/22/21
                           House Committee Substitute #2 Favorable 6/23/21
                    Proposed Conference Committee Substitute S173-CCSTC-6 [v.10]
                                            02/16/2022 08:09:52 PM
     Short Title:    Free the Smiles Act.                                                       (Public)
     Sponsors:
     Referred to:
                                               March 3, 2021

 1                                  A BILL TO BE ENTITLED
 2   AN ACT TO PROVIDE PARENTAL DISCRETION IN REQUIREMENTS FOR FACE
 3      COVERINGS ON PUBLIC SCHOOL UNIT PROPERTY.
 4   The General Assembly of North Carolina enacts:
 5
 6   PART I. PARENTAL DISCRETION IN STUDENT FACE COVERINGS
 7                SECTION 1. Article 25A of Chapter 115C of the General Statutes is amended by
 8   adding a new section to read:
 9   "§ 115C-375.30. Parental discretion in student face coverings.
10       (a)      For the purposes of this section, the term "parent" means the parent or guardian of a
11   child enrolled in a public school unit or attending any early childhood program located on
12   property owned, used, or operated by a public school unit.
13       (b)      Notwithstanding any other State or local law, rule, or policy, a parent may elect for
14   their child to not wear a face covering while on public school unit property and shall notify a
15   public school unit of that election. A public school unit shall adopt a process for parents to
16   provide annual notification of the election. A parent shall not be required to provide a reason or
17   any certification of the child's health or education status in making the election. As a result of a
18   parental election under this section, students without face coverings shall not be treated
19   differently than students with face coverings by the public school unit, including in classroom
20   assignments, course assignments, non-academic portions of the school day, extracurricular
21   activities, student discipline, and academic grading.
22       (c)      No governing body of a public school unit, or its members, employees, designees,
23   agents, or volunteers, shall be liable for any act or omission in compliance with this section that
24   does not amount to gross negligence, willful or wanton conduct, or intentional wrongdoing."
25
26   PART II. CONFORMING CHANGES
27             SECTION 2.(a) G.S. 115C-47 is amended by adding a new subdivision to read:
28             "(68) Parental discretion in face coverings. – Local boards of education shall
29                     comply with the requirements of G.S. 115C-375.30, providing parental
30                     discretion in student face coverings."
31             SECTION 2.(b) G.S. 115C-218.75 is amended by adding a new subsection to read:
32      "(k) Parental discretion in face coverings. – Charter schools shall comply with the
33   requirements of G.S. 115C-375.30, providing parental discretion in student face coverings."
34             SECTION 2.(c) G.S. 115C-238.66 is amended by adding a new subdivision to read:


                                      *S173-CCSTC-6*
     General Assembly Of North Carolina                                              Session 2021
 1             "(19) Parental discretion in face coverings. – Boards of directors shall comply with
 2                    the requirements of G.S. 115C-375.30, providing parental discretion in
 3                    student face coverings."
 4             SECTION 2.(d) G.S. 116-239.8(b) is amended by adding a new subdivision to read:
 5              "(22) Parental discretion in face coverings. – Laboratory schools shall comply with
 6                    the requirements of G.S. 115C-375.30, providing parental discretion in
 7                    student face coverings."
 8
 9   PART III.  REPEAL OF MONTHLY VOTING REQUIREMENTS ON FACE
10   COVERINGS
11           SECTION 3. Section 10 of S.L. 2021-130 is repealed.
12
13   PART IV. EFFECTIVE DATE
14            SECTION 4. This act is effective when it becomes law.




     Page 2                                 Senate Bill 173                 S173-CCSTC-6 [v.10]


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