North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S725 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 725
	3	+	S D
	4	+	SENATE BILL DRS35253-NH-75
	5	+
5	6
6	7
7	8		Short Title: NC Foster Care and Education Council. (Public)
8	9		Sponsors: Senator Mohammed (Primary Sponsor).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S725 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS35253 -NH-75
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO ESTABLISH THE FOSTER CARE AND EDUCATION COUNCIL . 2
14	15		The General Assembly of North Carolina enacts: 3
15	16		SECTION 1. Chapter 115C of the General Statutes is amended by adding a new 4
16	17		Article to read: 5
17	18		"Article 6E. 6
18	19		"Foster Care and Education Council. 7
19	20		"§ 115C-64.31. Definitions; Establishment of Foster Care and Education Council. 8
20	21		(a) The following definitions apply in this Article: 9
21	22		(1) Council. – The Foster Care and Education Council, as established by this 10
22	23		Article. 11
23	24		(2) DHHS. – Department of Health and Human Services. 12
24	25		(3) DPI. – Department of Public Instruction. 13
25	26		(4) Foster care. – 24-hour substitute care for children placed away from their 14
26	27		parents and for whom the agency under Title IV-E of the Social Security Act 15
27	28		has placement and care responsibility. This includes placement in foster 16
28	29		family homes, foster homes of relatives, group homes, emergency shelters, 17
29	30		residential facilities, child care institutions, and pre-adoptive homes. 18
30	31		(b) Establishment. – There is established the Foster Care and Education Council. The 19
31	32		Council is a joint council between the DPI and the DHSS. 20
32	33		"§ 115C-64.32 Membership of Foster Care and Education Council. 21
33	34		(b) Membership and appointment. – In making appointments or designating 22
34	35		representatives, appointing authorities shall use best efforts to select members or representatives 23
35	36		with sufficient knowledge and experience to effectively contribute to the issues examined by the 24
36	37		Council. The Council shall consist of 27 members as follows: 25
37	38		(1) The DPI Foster Care Point of Contact under the Elementary and Secondary 26
38	39		Education Act shall serve ex officio. 27
39	40		(2) The DHHS Education Point of Contact under the Elementary and Secondary 28
40	41		Education Act shall serve ex officio. 29
41	42		(3) The President Pro Tempore of the Senate shall appoint one representative 30
42	43		from each of the following categories or agencies: 31
43	44		a. A county child welfare agency. 32
44	45		b. A Guardian ad Litem. 33
45	46		c. Council for Children's Rights. 34
46		-	d. Foster Family Alliance of North Carolina. 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 725-First Edition
	47	+	d. Foster Family Alliance of North Carolina. 35
	48	+	FILED SENATE
	49	+	Mar 25, 2025
	50	+	S.B. 725
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS35253-NH-75
48	53		e. An individual with lived experience in the North Carolina child 1
49	54		welfare system. 2
50	55		(4) The Speaker of the House of Representatives shall appoint one representative 3
51	56		from each of the following categories or agencies: 4
52	57		a. The parent training and information center established under the 5
53	58		Individuals with Disabilities Education Act. 6
54	59		b. The University of North Carolina School of Government faculty. 7
55	60		c. A Children's Developmental Services Agency. 8
56	61		d. The agency contracted with DHHS to operate the Children and 9
57	62		Families Specialty Plan. 10
58	63		e. Strong Able Youth Speaking Out, a nonprofit corporation doing 11
59	64		business as Sayso. 12
60	65		(5) The Governor shall appoint one representative from each of the following 13
61	66		categories or agencies: 14
62	67		a. The Administrative Office of the Courts. 15
63	68		b. The NC Office of the Parent Defender. 16
64	69		c. The Office of the Juvenile Defender. 17
65	70		d. The State Advisory Council on Indian Education. 18
66	71		e. A North Carolina district court judge with juvenile court certification. 19
67	72		(6) The State Board of Education shall appoint one representative from each of 20
68	73		the following categories or agencies: 21
69	74		a. A local board of education. 22
70	75		b. An individual with experience serving as a surrogate parent volunteer 23
71	76		through local board of education. 24
72	77		c. An individual with experience serving as a court-appointed parent 25
73	78		under the Individuals with Disabilities Education Act. 26
74	79		d. DPI's Office of Federal Programs. 27
75	80		e. DPI's Office of Exceptional Children. 28
76	81		(7) The Secretary of Health and Human Services shall appoint representatives 29
77	82		from the following divisions: 30
78	83		a. Three representatives from the Division of Social Services. 31
79	84		b. One representative from the Division of Child Development and Early 32
80	85		Education. 33
81	86		c. One representative from the Division of Child and Family Well-Being. 34
82	87		(c) Terms of Office. – Members of the Council shall serve three-year terms and may be 35
83	88		reappointed. Any vacancy on the Council shall be filled in the same manner in which the original 36
84	89		appointment was made, and the term shall be for the balance of the unexpired term. The Council 37
85	90		may remove a member for misfeasance, malfeasance, nonfeasance, or neglects of duty. 38
86	91		"§ 115C-64.32. Organization, meetings, and compensation. 39
87	92		(a) The Council shall elect a chair from its membership. 40
88	93		(b) A simple majority of the members of the Council shall constitute a quorum for the 41
89	94		transaction of business. 42
90	95		(c) The Council shall meet at least once each quarter and may hold special meetings at 43
91	96		any time at the call of the chair or upon the written request of at least five members. 44
92	97		(d) The Council shall develop, and from time to time revise as necessary, policies and 45
93	98		procedures to facilitate the efficient and effective operations of the Council. These policies and 46
94	99		procedures become effective upon approval by a majority vote of the Council. 47
95	100		(e) Members of the Council may receive necessary per diem, subsistence, and travel 48
96	101		allowances in accordance with G.S. 120-3.1, G.S. 138-5, or G.S. 138-6, as appropriate. 49
97	102		(f) DPI and DHHS shall provide the necessary staff support and supplies to enable the 50
98	103		Council to carry out its duties in an effective manner. The Council shall prepare, in conjunction 51 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 725-First Edition~~ Page 3
	104	+	DRS35253-NH-75 Page 3
100	105		with DPI and DHHS, a plan for the provision of such resources as may be necessary and sufficient 1
101	106		to carry out the functions of the Council. The resource plan shall, to the maximum extent possible, 2
102	107		rely on the use of resources in existence during the period of implementation of the plan. To the 3
103	108		extent that there is a disagreement between the Council and the state agencies in regard to the 4
104	109		resources necessary to carry out the functions of the Council as set forth in this Article, the 5
105	110		disagreement shall be resolved by the Governor. 6
106	111		"§ 115C-64.33. Powers and duties of the Foster Care and Education Council. 7
107	112		(a) The Council shall have as its charge establishing a vision for the achievement of parity 8
108	113		in education outcomes for children of all ages in foster care, and engage in the following: 9
109	114		(1) Review the requirements of the Elementary and Secondary Education Act, 10
110	115		Fostering Connections to Success and Increasing Adoptions Act of 2008, and 11
111	116		associated federal and state laws and guidance related to the education of 12
112	117		children in foster care. 13
113	118		(2) Review the education outcomes of children in foster care to identify and assess 14
114	119		challenges to their educational success by examining data, disaggregated by 15
115	120		race and ethnicity, made available to DPI and DHHS. The review shall include 16
116	121		data on academic performance, growth, attendance, early intervention status, 17
117	122		special education status, Section 504 status, academically and intellectually 18
118	123		gifted status, school stability, immediate enrollment, school discipline, 19
119	124		dropout rates, and graduation rates. 20
120	125		(3) Develop recommendations for changes to law, policy, rules, or guidance for 21
121	126		children in foster care, that includes, at a minimum, the following: 22
122	127		a. Judicial practices to increase educational outcomes for children in 23
123	128		foster care. 24
124	129		b. The exchange and sharing of education-related data for children in 25
125	130		foster care. 26
126	131		c. Increasing coordination among education and child welfare 27
127	132		stakeholders and agencies. 28
128	133		d. Increasing the ease of the identification of a child's education 29
129	134		decision-makers. 30
130	135		e. Identifying barriers to and increasing educational stability. 31
131	136		f. Ensuring that transportation for children in foster care to remain at 32
132	137		their school of origin is arranged, provided, and funded, and that the 33
133	138		cost of transportation is not a factor in determining the best interest of 34
134	139		the child, as required by the Elementary and Secondary Education Act. 35
135	140		g. Establishing a dispute resolution process for best interest 36
136	141		determinations. 37
137	142		(4) Develop strategies to improve coordination and communication between and 38
138	143		among programs and agencies. 39
139	144		(5) Assist state agencies in collecting and disseminating information on best 40
140	145		practices on supporting the education needs of children in foster care. 41
141	146		(6) Identifying training needs for child welfare and education stakeholders. 42
142	147		(b) When engaging in its duties, the Council shall engage stakeholders, including 43
143	148		meaningful consultation with children and young adults who have lived experience in foster care, 44
144	149		foster parents and relative caregivers, birth parents, caseworkers, school districts and educators, 45
145	150		early learning providers, child placement providers, postsecondary institutions, and tribes, to 46
146	151		provide input on the development of recommendations. 47
147	152		(c) The chair may establish those standing and ad hoc committees and task forces as may 48
148	153		be necessary to carry out the functions of the Council and appoint Council members or other 49
149	154		individuals to serve on those committees and task forces. 50 General Assembly Of North Carolina Session 2025
150		-	Page 4 ~~Senate Bill 725-First Edition~~
	155	+	Page 4 DRS35253-NH-75
151	156		(d) The Council may apply for and receive funding from federal, public or private 1
152	157		initiatives, grant programs, or donors. 2
153	158		(e) In order to proactively support children in foster care in completing high school and 3
154	159		enrolling and completing postsecondary education, DPI and DHHS shall enter into, or revise 4
155	160		existing, memoranda of understanding that facilitate child referral, data and information 5
156	161		exchange, agency roles and responsibilities, and cooperation and collaboration among state 6
157	162		agencies and nongovernmental entities. 7
158	163		(f) All appropriate agencies, including DPI and DHHS, and other public and private 8
159	164		service providers shall cooperate with the Council in carrying out its mandate. 9
160	165		"§ 115C-64.34. Report requirements. 10
161	166		(a) The Council shall submit an annual report containing at least the following 11
162	167		information: 12
163	168		(1) Progress the State has made toward achieving education parity for children in 13
164	169		foster care. 14
165	170		(2) Recommendations that can be implemented using existing resources, rules, 15
166	171		and regulations. 16
167	172		(3) Recommendations that would require policy, administrative, or resource 17
168	173		allocation changes prior to implementation. 18
169	174		(b) The Council shall share the report required by this section with all of the following: 19
170	175		(1) DPI and the State Board of Education. 20
171	176		(2) DHHS. 21
172	177		(3) House and Senate Appropriations Committees on Health and Human 22
173	178		Services. 23
174	179		(4) Joint Legislative Oversight Committee on Health and Human Services. 24
175	180		(5) Joint Legislative Education Oversight Committee. 25
176	181		(6) Joint Legislative Commission on Governmental Operations. 26
177	182		(7) Council on Educational Service for Exceptional Children. 27
178	183		(8) Social Services Commission. 28
179	184		(9) NC Interagency Coordinating Council. 29
180	185		(10) State Advisory Council on Indian Education. 30
181	186		(c) The Council chair shall report on a quarterly basis to the Superintendent of Public 31
182	187		Instruction and the Secretary of Health and Human Services on the progress and implementation 32
183	188		of any of the duties and responsibilities of the Council." 33
184	189		SECTION 2. This act is effective when it becomes law. 34