S113: Education Omnibus. Latest Version

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2019

SESSION LAW 2020-49
SENATE BILL 113

ANACT TOEXEMPTCERTAINSCHOOLPSYCHOLOGISTS FROM NORTHCAROLINA
PSYCHOLOGY BOARD LICENSURE; TO CLARIFY USE OF DIGITAL LEARNING

PLAN FUNDS; TO MAKE MODIFICATIONS TO THE 2020-2021 SCHOOL
CALENDAR REQUIREMENTS TO EXPAND THE USE OF REMOTE LEARNING
DAYS AND ALLOW MODIFICATIONS FOR SINGLE-TRACK YEAR-ROUND
SCHOOLS; TO CLARIFY THAT SCHOOL NUTRITION FUNDS FROM THE
CORONAVIRUS RELIEF FUND ARE FOR EMERGENCY SCHOOL NUTRITION
SERVICES, AUTHORIZE THE USE OF THESE FUNDS FOR THE SUMMER FOOD
SERVICE PROGRAM, AND EXTEND THE PERIOD OF USE FOR THESE FUNDS

UNTIL DECEMBER 30, 2020; TO ALLOW LME/MCO REINVESTMENT PLANS TO
INCLUDE PROVIDING ASSISTANCE TO PUBLIC SCHOOL UNITS; TO CHANGE A
CHARTER SCHOOL REPORT DATE; TO DESIGNATE THE SUPERINTENDENT OF
PUBLIC INSTRUCTION AS AN APPROVER OF PRIVATE ACTIVITY BONDS; TO
REVISE THE CALCULATION OF THE SCHOOL ADMINISTRATOR INTERN
STIPEND; TO EXTEND THE GRANT TERM FOR THE NORTH CAROLINA
TRANSFORMING PRINCIPAL PREPARATION PROGRAM; AND TO PROVIDE

IMMUNITY FOR NONPUBLIC SCHOOLS FOR CLAIMS RELATED TO COVID-19
CLOSURES FOR 2019-2020.

The General Assembly of North Carolina enacts:

PART I. SCHOOL PSYCHOLOGIST LICENSURE EXEMPTION

SECTION 1. G.S. 90-270.4(c) reads as rewritten:
"(c) Persons certified licensed by the State Board of Education as school psychologists
and serving as regular salaried employees or contractors of the Department of Public Instruction
or local boards of education any public school unit are not required to be licensed under this
Article in order to perform the duties for which they serve the Department of Public Instruction
or local boards of education, public school unit, and nothing in this Article shall be construed as
limiting their activities, services, or titles while performing those duties for which they serve the

Department of Public Instruction or local boards of education. public school units. If a person
certified licensed by the State Board of Education as a school psychologist and serving as a
regular salaried an employee or contractor of the Department of Public Instruction or a local
board of education public school unit is or becomes a licensed psychologist under this Article,
he or she shall be required to comply with all conditions, requirements, and obligations imposed
by statute or by Board rules upon all other licensed psychologists as a condition to retaining that
license. Other provisions of this Article notwithstanding, if a person certified licensed by the

State Board of Education as a school psychologist and serving as a regular salaried an employee
or contractor of the Department of Public Instruction or a local board of education public school
unit is or becomes a licensed psychological associate under this Article, he or she shall not be
required to comply with the supervision requirements otherwise applicable to licensed
psychological associates by Board rules or by this Article in the course of his or her regular
salaried employment or contractual relationship with the Department of Public Instruction or a

*S113-v-5*local board of education, public school unit, but he or she shall be required to comply with all
other conditions, requirements, and obligations imposed by statute or a local board of education
public school unit or by Board rules upon all other licensed psychological associates as a
condition to retaining that license."

PART II. CLARIFY USE OF DIGITAL LEARNING PLAN FUNDS
SECTION 2.(a) Of the funds appropriated to the Department of Public Instruction

for the 2020-2021 fiscal year for the Digital Learning Plan, as set out in S.L. 2016-94, beginning
with the 2020-2021 fiscal year, any portion of the funds in the amount of up to one million eight
hundred thousand dollars ($1,800,000) that are, pursuant to Section 7.23K(c) of S.L. 2017-57, as
amended by Section 7.7 of S.L. 2018-5, used to implement the requirements of Section 7.23 of
S.L. 2017-57, and that the Department allots to local school administrative units, charter schools,
and Innovative School District schools within economically distressed counties to support
adoption of the digital literacy curriculum provider selected via the competitive procurement

process pursuant to Section 7.23K(b) of S.L. 2017-57, shall be used solely for software licenses
from that vendor.
SECTION 2.(b) This section becomes effective July 1, 2020.

PART III. MODIFICATIONS TO THE 2020-2021 SCHOOL CALENDAR
SECTION 3.(a) Subdivision (6) of Section 2.1 of S.L. 2020-3 reads as rewritten:

"(6) Year-round school. – A school with a single or multi-track instructional
calendar that was adopted prior to March 1, 2020, and provides instructional
days in compliance with Section 2.11(b)(1) of this Part throughout the entire
school calendar year, beginningJuly1and endingJune30,byutilizingat least
one of the following plans:
a. A plan dividing students into four groups and requiring each group to
be in school for assigned and staggered quarters each school calendar

year.
b. A plan providing students be scheduled to attend 45 an average of
between 44 and 46 instructional days followed by an average of
between 15 and 20 days of vacation, repeated throughout the school
calendar year.
c. A plan dividing the school calendar year into five nine-week sessions
of classes and requiring each student to attend four assigned and

staggered sessions out of the five nine-week sessions to complete the
student's instructional year."
SECTION 3.(b) Section 2.11(b) of S.L. 2020-3 reads as rewritten:
"SECTION 2.11.(b) School Calendar. – Except as otherwise provided in this subsection,
the requirements of G.S. 115C-84.2, including the requirement that a school calendar consist of
215 days, apply to the 2020-2021 school calendar for local school administrative units. The

provisions of this subsection supersede any school calendar adopted by a public school unit prior
to the enactment of this Part. For the 2020-2021 school year only, the following applies to the
school calendar for public school units:
(1) Notwithstanding any provisions of G.S. 115C-75.8(d)(9), 115C-84.2(a)(1),
115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d.,
116-239.8(b)(2)c., and Section 6(e) of S.L. 2018-32 to the contrary, each
public school unit shall adopt a calendar that includes 190 days of instruction

as follows:
a. 185 days or 1,025 hours of instruction that include five remote
instruction days in accordance with the Plan developed pursuant to
subsection (a) of this section. Each of the five remote instruction days

Page 2 Session Law 2020-49 Senate Bill 113 may be scheduled in the discretion of the public school unit, except as
provided in subdivision (2) of this subsection.
b. An additional five instructional days that shall be satisfied onlybyfive
individually separate and distinct full instructional days and not by an
accumulation of instructional hours.
(2) Notwithstanding any provisions of G.S. 115C-84.2(d) to the contrary, each
local school administrative unit shall adopt a school calendar in accordance

with the following:
a. Except for schools defined in subdivision (4) or (6) of Section 2.1 of
this Part, an opening date for students of August 17, 2020.
b. Except for schools defined in subdivision (4) or (6) of Section 2.1 of
this Part, a closing date for students no later than June 11, 2021.
c. Noremote instructiondayshall bescheduled prior to August 24,2020,
unless the school operates on a year-round or modified calendar

schedule. A year-round or modified calendar school shall not schedule
a remote instruction day prior to the sixth instructional day of the
year-round or modified calendar.
c1. A local board of education may alter the adopted calendar of a
single-track year-round school in a manner that no longer meets the
requirements of Section 2.1(6)b. of this act, if both of the following

are met:
1. The local board of education determines the modification is
necessary to ensure the health and safety of students.
2. The altered calendar complies with all other requirements for
year-round schools in this section.
d. Remote instruction days may be scheduled for use as teacher
workdays, including as teacher workdays on which teachers may take

accumulated vacation leave, provided that remote instruction material
is prepared and provided for students to use during the remote
instruction days. Local school administrative units may, in their
discretion, schedule remote instruction days as teacher workdays to
facilitate completion of first semester course exams prior to a winter
holiday period. This sub-subdivision only applies to the five remote
instruction days scheduled as required by sub-subdivision a. of

subdivision (1) of this subsection.
e. The following apply for a local school administrative unit granted a
good cause waiver for the 2020-2021 school year:
1. The opening date for students shall not be earlier than August
17, 2020, except for schools defined in subdivision (4) or (6)
of Section 2.1 of this Part.

2. Up to an additional five remote instruction days may be used,
if those days are (i) provided in accordance with the
requirements of this subsection for remote instruction days and
(ii) used solely as make-up days for days on which schools
have been closed due to inclement weather or other emergency
situations.
(3) If, during the 2020-2021 school year, a state of emergency or disaster is

declared under Chapter 166A of the General Statutes ordering school closure
for more than five days, If the governing board of a public school unit
determines that additional remote instruction beyond the five days required by
subdivision (1) of this subsection is needed to ensure the health and safety of

Senate Bill 113 Session Law 2020-49 Page 3 students, a public school unit providing may provide remote instruction in
accordance with the Plan developed pursuant to subsection (a) of this section
may use additional remote instruction days as necessary to satisfy
instructional time requirements. The public school unit shall ensure that it is
in compliance with all required COVID-19 guidance related to the operation
of elementary and secondary schools issued by the State Board of Education,
the Department of Public Instruction, and the Department of Health and

Human Services."
SECTION 3.(c) This section is effective when it becomes law.

PART IV. MODIFY USE OF SCHOOL NUTRITION FUNDS
SECTION 4. Subdivision (6) of Section 3.3 of S.L. 2020-4 reads as rewritten:
"(6) $75,000,000 to the Department of Public Instruction for emergency school
nutrition services services, including innovative school meals, provided to

students in response to COVID-19 by public school units participating in the
National School Lunch Program or Program, School Breakfast Program
Program, or Summer Food Service Program from March 16, 2020, through
the end of the 2019-2020 school year. December 30, 2020. Funds for these
services shall be allocated in the same manner as if the participating public
school units were reimbursed by school meal receipts or federal funds."

PART V. LME/MCO EXPENDITURE FOR STUDENT BEHAVIORAL HEALTH
NEEDS
SECTION 5. G.S. 122C-125.2(a) reads as rewritten:
"(a) Beginning on September 1, 2018, the Department shall calculate on a quarterly basis
a solvency range for each LME/MCO as a sum of the following figures to produce upper and
lower range values:

(1) Incurred but not reported claims figure. – The incurred but not reported claims
figure shall be calculated bymultiplying an LME/MCO's service spending for
the preceding 12 months by six and eight-tenths percent (6.8%). If an
LME/MCO experiences extenuating circumstances supported by actuarial
documentation, then the Department may utilize a percentage other than six
and eight-tenths (6.8%) for that LME/MCO.
(2) Net operating liabilities figure. – The net operating liabilities figure shall be

calculated by subtracting noncash current accounts receivable from the
nonclaims current liabilities, as reported on the LME/MCO's most recent
balancesheet. Ifthenoncashaccountsreceivablearegreaterthanthenonclaim
liabilities, then the value for the net operating liabilities figure is zero.
(3) Catastrophic or extraordinary events range. – The catastrophic or
extraordinary events range shall be calculated as the range between a lower

figure and an upper figure.The lower figure shall becalculated bymultiplying
an LME/MCO's service expenditures from the preceding 12 months by four
and fifteen-hundredths percent (4.15%). The upper figure shall be calculated
by multiplying an LME/MCO's service expenditures from the preceding 12
months by eight and three-tenths percent (8.3%).
(4) Required intergovernmental transfers figure. – The required
intergovernmental transfers figure is the amount of funds needed by an

LME/MCO to make any intergovernmental transfers required by law over the
subsequent 24 months.
(5) Projected operating loss figure. – The projected operating loss figure is the
projected net loss for an LME/MCO over the subsequent 24 months. In

Page 4 Session Law 2020-49 Senate Bill 113 projecting the net loss for an LME/MCO,theDepartment shall use thenet loss
of the LME/MCO in the preceding 12 months adjusted for any changes in
single-stream funding, intergovernmental transfers, or other factors known to
the Department that will impact the LME/MCO's net loss over the subsequent
24 months. If a net profit is projected for an LME/MCO, then this figure is
zero.
(6) Reinvestment plan figure. – The reinvestment plan figure is the amount

required for all qualifying expenditures contained in an LME/MCO's
reinvestment plans over the subsequent 36 months. To qualify as an
expenditure under this subdivision, the expenditure must be related to one of
the following:
a. An initiative that supports specific goals or health status outcomes of
the State in relation to the State's behavioral health needs.
b. An initiative that meets a State behavioral health need, as defined in

law or by the Department.
c. Funding for infrastructure that supports the effective and efficient
operation of the LME/MCO.
d. Funding for a facility within the LME/MCO catchment area that is
necessary to meet to the needs of the population served by the
LME/MCO.

e. New or expanded initiatives and programmatic improvements to the
State behavioral health system.
f. Working capital to be utilized to fund changes in rates, operations, or
programs.
g. Assistance to public school units within the LME/MCO catchment
area for student behavioral health needs."

PART VI. CHANGE CHARTER SCHOOL REPORT DATE
SECTION 6. G.S. 115C-218.110(b) reads as rewritten:
"(b) The State Board of Education shall review and evaluate the educational effectiveness
of the charter schools authorized under this Article and the effect of charter schools on the public
schools in thelocal school administrativeunit in whichthecharterschools arelocated.The Board
shall report annually no later than February 15 June 15 to the Joint Legislative Education
Oversight Committee on the following:

(1) The current and projected impact of charter schools on the deliveryof services
by the public schools.
(2) Student academic progress in the charter schools as measured, where
available, against the academic year immediatelypreceding the first academic
year of the charter schools' operation.
(3) Best practices resulting from charter school operations.

(4) Other information the State Board considers appropriate."

PART VII. SUPERINTENDENT MAY APPROVE BONDS TO FINANCE OR
REFINANCE A CHARTER SCHOOL FACILITY
SECTION 7. Article 14A of Chapter 115C of the General Statutes is amended by
adding a new section to read:
"§ 115C-218.37. Public approval for private activity bonds.

(a) For purposes of this section, the following definitions shall apply:
(1) Charter school facility. – Real property, personal property, or both that is used
or intended for use in connection with the operation of a charter school.

Senate Bill 113 Session Law 2020-49 Page 5 (2) Applicable elected representative. – An elected official of a governmental unit
having jurisdiction over the area in which a charter school facility is located,
as defined in section 147(f)(2) of the Internal Revenue Code (26 U.S.C. §
147(f)(2)).
(b) TheSuperintendent ofPublic Instructionis herebydesignated as anapplicableelected
representative who may approve the issuance of one or more private activity bonds to finance or
refinance a charter school facility, after a public hearing following reasonable public notice, in

accordance with section 147(f) of the Internal Revenue Code (26 U.S.C. § 147(f)) and applicable
State and federal laws and regulations. Procedures for the public hearing shall be determined by
the Superintendent of Public Instruction, and the public hearing shall be conducted by the
Superintendent or his or her designee, in the county where the charter school facility is or will be
located."

PART VIII. REVISE SCHOOL ADMINISTRATOR INTERN STIPEND

SECTION 8. If Senate Bill 818, 2019 Regular Session, becomes law, then Section
6(c) of that act reads as rewritten:
"SECTION 6.(c) Participants in an approved full-time master's in school administration
program shall receive up to a 10-month stipend during the internship period of the master's
program. The stipend shall be at the beginning salary of an assistant principal during the
internship period of the master's program. The stipend shall not exceed the difference between

the beginning salary of an assistant principal plus the cost of tuition, fees, and books and any
fellowship funds received by the intern as a full-time student, including awards of the Principal
Fellows Program. or, for a teacher who becomes an intern, at least as much as that person would
earn as a teacher on the teacher salary schedule. The Principal Fellows Program or the school of
education where the intern participates in a full-time master's in school administration program
shall supply the Department of Public Instruction with certification of eligible full-time interns."

PART IX. EXTEND MAXIMUM GRANT TERM TO SIX YEARS FOR THE NORTH
CAROLINA TRANSFORMING PRINCIPAL PREPARATION PROGRAM
SECTION 9.(a) G.S. 116-74.46(c)(1) reads as rewritten:
"(1) The duration of grants shall be as follows:
a. Grants shall benomorethan fivesix yearsandnofewerthantwo years
in duration, unless the Commission finds early termination of a grant
is necessary due to noncompliance with grant terms.

b. The Commission may renew a grant based on compliance with the
grant terms and performance, including allowing the grantee to scale
up or replicate the successful program as provided in subdivision (3)
of this subsection."
SECTION 9.(b) This section becomes effective July 1, 2020, and applies to grants
awarded or renewed on or after that date.

PART X. COVID-19 IMMUNITY FOR NONPUBLIC SCHOOLS
SECTION 10.(a) Article 39 of Chapter 115C of the General Statutes is amended by
adding a new Part to read:
"Part 5. COVID-19 Immunity.
"§ 115C-567.10. Definitions.
The following definitions apply in this Part:

(1) Claim. – A claim or cause of action seeking any legal or equitable remedy or
relief.
(2) COVID-19. – The coronavirus disease 2019.

Page 6 Session Law 2020-49 Senate Bill 113 (3) COVID-19 emergency declaration. – Executive Order No. 116 issued March
10, 2020, by Governor Roy A. Cooper, including any amendments issued by
executive order, subject to extensions under Chapter 166A of the General
Statutes.
(4) COVID-19 essential business executive order. – Executive Order No. 121
issued March 27, 2020, by Governor Roy A. Cooper, including any
amendments issued by executive order, subject to extensions under Chapter

166A of the General Statutes.
(5) Individual. – A person paying, or on whose behalf a third party is paying,
tuition, fees, or room and board to a nonpublic school for the 2019-2020
academic year.
(6) Nonpublic school. – Any of the following schools, including the owners,
directors, trustees, officers, employees, contractors, and agents of those
schools:

a. A private church school or school of religious charter in compliance
with Part 1 of this Article.
b. A qualified nonpublic school in compliance with Part 2 of this Article.
"§ 115C-567.11. Tuition liability limitation.
(a) Notwithstanding any other provision of law and subject to G.S. 115C-567.12, a
nonpublic school shall have immunityfrom claims byan individual, if all of the following apply:

(1) The claim arises out of or is in connection with tuition or fees paid to the
nonpublic school for the 2019-2020 academic year.
(2) The claim alleges losses or damages arising from an act or omission by the
nonpublic school during or in response to COVID-19, the COVID-19
emergency declaration, or the COVID-19 essential business executive order.
(3) The alleged act or omission by the nonpublic school was reasonably related
to protectingthepublichealth,safety, orwelfare in response totheCOVID-19

emergency declaration, COVID-19 essential business executive order, or
applicable guidance from the Centers for Disease Control and Prevention.
(4) The nonpublic school offered remote learning options for enrolled students
during the 2019-2020 academic year that allowed students to complete the
academic year.
(b) Subsection (a) of this section shall not apply to losses or damages that resulted solely
from a breach of an express contractual provision allocating liability in the event of a pandemic

event.
(c) Subsection (a) of this section shall not apply to losses or damages caused by an act or
omission of the nonpublic school that was in bad faith or malicious.
"§ 115C-567.12. Applicability.
This Part applies to alleged acts or omissions occurring on or after the issuance of the
COVID-19 emergency declaration until July 1, 2020. The provisions of this Part shall be in

addition to all other immunities provided by applicable State law.
"§ 115C-567.13. Severability.
It is a matter of vital State concern affecting the public health, safety, and welfare that
nonpublic schools continue to be able to fulfill their educational missions during the COVID-19
pandemic without civil liability for any acts or omissions for which immunity is provided in this
Part. This Part shall be liberally construed to effectuate those public purposes. The provisions of
this Part are severable. If any part of this Part is declared to be invalid by a court, the invalidity

does not affect other parts of this Part that can be given effect without the invalid provision."
SECTION 10.(b) This section is effective when it becomes law and applies to all
actions commenced on or after the effective date of this section.

Senate Bill 113 Session Law 2020-49 Page 7PART XI. EFFECTIVE DATE
SECTION 11. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 26 day of June, 2020.

s/ Philip E. Berger
President Pro Tempore of the Senate

s/ Tim Moore

Speaker of the House of Representatives

s/ Roy Cooper
Governor

Approved 1:35 p.m. this 29 day of June, 2020

Page 8 Session Law 2020-49 Senate Bill 113