Bill Summaries: S227 (2025-2026 Session)

Tracking:
  • Summary date: Mar 11 2025 - View summary

    Senate amendments to the 1st edition make the following changes.

    Amendment #2 amends proposed new GS 115C-76.210 by specifying that the statute does not limit single-sex schools, educational programs, or activities operated in compliance with State or federal law. 

    Amendment #3 makes the following changes. Amends GS 115C-47 to require local boards of education, upon the superintendent's recommendation, to adopt policies governing the conduct of employees (was, have full power to make all just and needful rules and regulations governing the conduct of teachers, principals, and supervisors). Requires that the policies governing conduct of employees prohibit discrimination based on an individual's protected classification under federal law, including antisemitism. 

    Amends GS 115C-390.2 to require a public school's Code of Student Conduct to prohibit discrimination based on an individual's protected classification under federal law, including antisemitism. 


  • Summary date: Mar 3 2025 - View summary

    Enacts new GS 115C-76.200 setting out the NCGA’s finding that Section 1 of Article I of the NC Constitution recognizes the equality and rights of all persons and states the NCGA’s intent that students, teachers, administrators, and other school employees respect the dignity of others, acknowledge the right of others to express differing opinions, and foster and defend intellectual honesty, freedom of inquiry and instruction, and freedom of speech and association and that the public schools of this State employ teaching methods and procedures to further that intent.

    Enacts new GS 115C-76.205 defining the following terms. Defines discriminatory practice as any of the following based on an individual's protected classification under federal law: (1) treating an individual differently solely to advantage or disadvantage that individual as compared to other individuals or groups; (2) excluding an individual from employment, except as allowed under federal law; or (3) excluding an individual from participation in an educational program or activity, except as allowed under federal law. Defines divisive concept as any of the following: (1) one race or sex is inherently superior to another race or sex; (2) an individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive; (3) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (4) an individual's moral character is necessarily determined by his or her race or sex; (5) an individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (6) any individual, solely by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress; (7) a meritocracy is inherently racist or sexist; (8) the United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex; (9) particular character traits, values, moral or ethical codes, privileges, or beliefs should be ascribed to a race or sex or to an individual because of the individual's race or sex; (10) the rule of law does not exist but instead is a series of power relationships and struggles among racial or other groups; (11) all Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness; and (12) governments should deny to any person within the government's jurisdiction the equal protection of the law. Also defines the terms instruction and professional development.

    Enacts new GS 115C-76.210 prohibiting public school units from: (1) engaging in or advocating for discriminatory practices; (2) compelling students, teachers, administrators, or other school employees to affirm or profess belief in divisive concepts; (3) providing instruction to students on divisive concepts; (4) engaging in any of the following with respect to professional development that includes or advocates for divisive concepts or discriminatory practices that a. approve, recommend, or require a professional educator to participate in the professional development, b. develop, purchase, or provide the professional development, c. contract with an entity for the professional development, or d. provide an entity access for the purpose of delivering the professional development; (5) maintaining an office, division, or other unit promoting discriminatory practices or divisive concepts, or referred to as or named diversity, equity, and inclusion; and (6) employing or assigning an employee whose duties for a public school unit include promoting discriminatory practices or divisive concepts. Specifies that the statute is not be construed as limiting: (1) speech protected by the First Amendment of the US Constitution, (2) materials accessed on an individual basis that advocate divisive concepts or discriminatory practices for the purpose of research or independent study, (3) policies, procedures, or professional development required by State or federal law, or (4) instruction on divisive concepts in accordance with the standard course of study in contexts that make clear the public school unit does not sponsor, approve, or endorse any divisive concepts, including instruction related to the specified topics. Requires each public school unit to annually certify in writing by September 1 to the Department of Public Instruction (DPI) that it fully complies with the requirements of this statute, including any actions taken to achieve compliance. Requires DPI to summarize the certifications in a consolidated report by January 15 annually to the specified NCGA commission and committee.

    Amends GS 115C-12(9c) by prohibiting the State Board of Education from approving, providing, recommending, or requiring professional development that is prohibited by GS 115C-76.210.

    Amends GS 115C-270.30 by prohibiting awarding continuing education credit for professional development that is prohibited by GS 115C-76.210.

    Requires that for the certification due September 1, 2025, each public school unit must also include information on the initial implementation of this act, including reductions in force and spending, changes to job titles and position descriptions, and how savings achieved from these actions have been directed.

    Includes a severability clause.