The just-completed legislative short session closes out the first biennium in nearly 100 years that Republicans comprised majorities in both chambers of the General Assembly.
Even during a session devoted primarily to budget tweaking, education continued to dominate much of the agenda. A stagnant economy, the expiration of nearly $300 million in federal funds for K-12 education, growing dissatisfaction with educational outcomes and fears of additional layoffs tested the convictions of majority Republicans, many of whom were elected on conservative themes of government accountability, educational freedom and local control. Could lawmakers navigate these challenges and still hold true to the conservatives themes? A review of legislative accomplishments and near-misses helps to answer that question.
Legislative Accomplishments
Subject: Budget Bill (HB 950)
Status: Approved by House and Senate, Vetoed by Gov. Perdue; Overridden 7/2/2012
The 2012-13 state budget actually increased total state funding for public education (K-12, UNC and community colleges) by about $92 million dollars over the previous year.
- K-12 public schools: $7.5 billion (+$62 million over previous year)
- UNC: $2.575 billion (+$24 million over previous year)
- Comm. Colleges: $990 million (+$5.1 million over previous year)
- 1.2 percent pay raise for public school personnel
- Cancellation of $143 million in local budget cuts by reducing the discretionary reduction from $500 million to $360 million
- Fully funds Teacher and State Employee Retirement System and provided a 1.2 percent cost-of-living (COLA) increase in pension payments for retirees
Education Reform Measures included in Budget Bill
- Program for improving third-grade literacy and ending social promotion
- Allow local school districts to establish merit pay plans
- Add five instructional days to the school year
- Implement new teacher recruitment and retention programs
- Develop an A-F system for grading public schools
Subject: No Dues Check-Off for School Employees (SB 727)
Status: Passed Senate and House, Vetoed by Gov. Perdue; Veto Overridden 1/05/2012
This legislation eliminates the dues check-off option for members of the state’s largest teachers association (North Carolina Association of Educators (NCAE)). As such, the state will no longer collect dues from employee paychecks. Republicans defeated an amendment to have the prohibition applied to all employee associations. An injunction was filed earlier this year to stop implementation. It is still being litigated.
Subject: Equal Access in Education (SB 755).
Status: Approved by House and Senate, Signed by Gov. Perdue 7/12/2012
Law ensures that members of all education associations enjoy equal access to electronic mailboxes and have the opportunity to attend orientation events or recruit members. The new law prohibits government entities from endorsing one employee association over another.
Subject: Comm. Colleges Opt Out of Federal Loan Program (HB 7)
Status: Approved by House and Senate; Vetoed by Gov. Perdue; Veto Overridden 6/18/2012
Legislation allows community colleges to opt out of federal student loan program. Many colleges fear college ratings could be at risk if they carry loans with high rates of student default. Colleges also fear sanctions if they don’t reduce student default rates.
Subject: School Violence Prevention Act (SB 707)
Status: Approved by House and Senate, Signed by Gov. Perdue 7/12/2012
Law provides that school personnel who in good faith take reasonable action to end a fight, shall not be held civilly or criminally liable because of the actions taken. The bill also clarifies penalties for students who cyber-bully school employees and it regulates the visits of probation officers at schools.
Subject: An Act to Improve Public Education (S 724)
Status: Passed House and Senate, Signed by Gov. Perdue, 6/26/2012
Legislation tightens teacher and mentor licensure requirements for teacher preparation and lateral entry programs. Expands the use of EVAAS assessment system tools for the placement of students in courses such as Algebra I and mandates the development of transition teams and transition plans for at-risk students moving from elementary school to middle school and between middle school to high school.
Missed Legislative Opportunities
Subject: Teacher Career Status (SB 795)
Status: Not passed or included in budget bill
Budget bill includes nearly all the education reform provisions from SB 795, Excellent Public Schools Act. However, the most controversial provision of the legislation, the abolishment of career status (i.e. tenure) for teachers and allowing local school boards the option of providing multi-year contracts for teachers, was not included in the budget bill.
Legislation: Scholarship Funding Corporate Tax Credit (HB 1104)
Status: Failed to gain approval from House Finance Committee
Patterned after successful programs in Florida and elsewhere, HB 1104 would have provided dollar-for-dollar tax credits to businesses that contribute to scholarship granting organizations. To be eligible for scholarships, students must be from households whose income does not exceed 225 percent of the poverty level. Business tax credits would be limited to $40 million and would automatically increase when 90 percent of previous year’s tax credits are earned. The legislation is likely to be introduced next year. However, the likelihood of passage will be tied to the direction of tax reform – expected to be a major agenda item for the 2013-14 legislative session – and its impact on scholarship programs.
Summary: The General Assembly succeeded in passing some reforms of the education system. However, the nature of the short session, upcoming elections and a stagnant economy help to explain why significant additional reforms in education practices and spending won’t happen before next year.
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