North Carolina 2025 2025-2026 Regular Session

North Carolina Senate Bill S754 Amended / Bill

Filed 03/26/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
S 	1 
SENATE BILL 754 
 
 
Short Title: School Calendar Flexibility:A New Alternative. 	(Public) 
Sponsors: Senators Galey, Berger, and Lee (Primary Sponsors). 
Referred to: Rules and Operations of the Senate 
March 26, 2025 
*S754 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO PROVIDE AD DITIONAL FLEXIBILITY TO LOCAL BOARDS OF 2 
EDUCATION IN ADOPTING THE SCHOOL CALENDA R. 3 
The General Assembly of North Carolina enacts: 4 
SECTION 1. G.S. 115C-84.2 reads as rewritten: 5 
"§ 115C-84.2.  School calendar. 6 
… 7 
(a2) Report on School Start and End Dates. – As part of the reporting requirements under 8 
the Uniform Education Reporting System pursuant to G.S. 115C-12(18), annually by April 1 9 
each local board of education shall report to the Superintendent of Public Instruction and the 10 
State Board of Education on the start and end dates of the instructional calendar for students for 11 
the next academic year. The local board of education shall report this information for each school 12 
under the control of that board and shall identify the statutory exception authorizing an earlier 13 
start date for all schools that start earlier than the Monday closest to August 26.authority relied 14 
upon to set the dates. 15 
… 16 
(d) Opening and Closing Dates. – Local boards of education shall determine the dates of 17 
adopt a school calendar setting the opening and closing dates for the public schools under that 18 
complies with subdivision (a)(1) of this section. Except for year-round schools, section and one 19 
of the following: 20 
(1) theThe opening date for students shall be is no earlier than the Monday closest 21 
to August 26, and the closing date for students shall be is no later than the 22 
Friday closest to June 11.  23 
(2) The opening date for students is no earlier than the Monday closest to August 24 
19, so long as there are an equal number of days in the spring and fall semester, 25 
and the closing date for students is no later than the Friday immediately 26 
preceding the last Monday in May. 27 
(d1) Notwithstanding the closing date requirement of subsection (d) of this section, a local 28 
board of education may, with approval of the State Board of Education, revise the scheduled 29 
closing date of the school calendar if a school experienced closures caused by severe weather, 30 
energy shortages, power failures, or other emergencies, and additional instructional time is 31 
needed to comply with the minimum requirements for instructional days or hours.  32 
(d2) Modified Calendars and Year-Round Schools. – The required opening and closing 33 
dates under this subsection section shall not apply to (i) any school that a local board designated 34 
as having a modified calendar for the 2003-2004 school year or to any school that was part of a 35  General Assembly Of North Carolina 	Session 2025 
Page 2  Senate Bill 754-First Edition 
planned program in the 2003-2004 school year for a system of modified calendar schools, so long 1 
as the school operates under a modified calendar.calendar, and (ii) year-round schools. 2 
…." 3 
SECTION 2. Part 2 of Article 8 of Chapter 115C of the General Statutes is amended 4 
by adding the following new sections to read: 5 
"§ 115C-84.2A. Duty to comply with school calendar requirements. 6 
(a) It is the duty of a local board of education to ensure that a local school administrative 7 
unit complies with the requirements of Part 2 of this Article. 8 
(b) Negligent failure to ensure compliance with Part 2 of this Article shall be deemed 9 
misfeasance and willful effort to prevent compliance shall be deemed malfeasance. 10 
"§ 115C-84.2B. School calendar enforcement; withholding of funds. 11 
(a) The State Board of Education shall ensure that public school units comply with Part 12 
2 of this Article. 13 
(b)  The Superintendent of Public Instruction shall notify the State Board of Education 14 
and shall investigate whether the public school unit is in compliance with Part 2 of this Article if 15 
the Superintendent receives information from any of the following indicating that a public school 16 
unit has not complied with the Part: 17 
(1) A report to the Department of Public Instruction, Superintendent of Public 18 
Instruction, or State Board of Education. 19 
(2) A report by an employee of the Department of Public Instruction responsible 20 
for monitoring compliance of a public school unit. 21 
(3) Any other source the Superintendent deems credible. 22 
(c) The Superintendent shall report the findings of the investigation to the State Board of 23 
Education within 60 days of the receipt of the information under subsection (b) of this section. 24 
The State Board shall schedule consideration of the report no later than the next regular meeting 25 
occurring more than five days after submission of the report. 26 
(d) Following submission of the report by the Superintendent, if the State Board of 27 
Education by a majority vote finds that the governing body has not complied with Part 2 of this 28 
Article, the State Board shall direct the governing body of the public school unit to take action 29 
to remedy the violation and submit documentation of the remedy to the State Board within 60 30 
days. The State Board shall find that a public school unit is noncompliant with Part 2 of this 31 
Article if the Superintendent's report indicates any of the following have occurred: 32 
(1) The governing body adopted a resolution or policy stating that the public 33 
school unit will not comply with Part 2 of this Article. 34 
(2) The governing body approved any action counter to or incompatible with 35 
compliance of Part 2 of this Article. 36 
(e) If the governing body of the public school unit fails to comply with the State Board 37 
of Education direction as provided in subsection (d) of this section, the State Board shall withhold 38 
the local school administrative unit's central office administration allotment until the State Board 39 
determines the local board is no longer noncompliant.  40 
(f) If the State Board of Education takes action under subsection (e) of this section, the 41 
State Board shall report this action to the Joint Legislative Education Oversight Committee, 42 
within 60 days of the action. The General Assembly shall consider, no later than the next session 43 
of the General Assembly, the future governance of the identified public school unit. 44 
"§ 115C-84.2C. School calendar enforcement; liability of local board. 45 
(a) A person that resides or maintains a place of business within the boundaries of a local 46 
school administrative unit may bring an action against the local board of education if the board 47 
has not complied with Part 2 of this Article. For purpose of this section, "person" means any 48 
natural person or corporation, nonprofit corporation, limited liability company, trust, association, 49 
partnership, joint venture, subsidiary, or other business entity.  50  General Assembly Of North Carolina 	Session 2025 
Senate Bill 754-First Edition  	Page 3 
(b) For any action brought pursuant to this section, if the court finds that a local board of 1 
education has not complied with Part 2 of this Article, the court shall issue a declaratory judgment 2 
that the board is noncompliant, provide injunctive relief, and award a prevailing claimant 3 
reasonable attorneys' fees and costs. The court may impose a civil penalty against the board of 4 
up to ten thousand dollars ($10,000)." 5 
SECTION 3. This act is effective when it becomes law and applies beginning with 6 
the 2025-2026 school year. 7