North Carolina 2025 2025-2026 Regular Session

North Carolina Senate Bill S754 Amended / Bill

Filed 04/09/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
S 	2 
SENATE BILL 754 
Education/Higher Education Committee Substitute Adopted 4/9/25 
 
Short Title: School Calendar Flexibility:A New Alternative. 	(Public) 
Sponsors:  
Referred to:  
March 26, 2025 
*S754 -v-2* 
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, the section and 19 
one of the following: 20 
(1) The opening date for students shall be is no earlier than the Monday closest to 21 
August 26, and the closing date for students shall be is no later than the Friday 22 
closest to June 11. On a showing of good cause, the State Board of Education 23 
may allow the local board of education to set an opening date no earlier than 24 
the Monday closest to August 19. 25 
(2) The opening for students is no earlier than the Monday closest to August 19, 26 
so long as there are an equal number of days in the fall and spring semesters, 27 
and the closing date for students is no later than the Friday immediately 28 
preceding the last Monday in May. 29 
(d1) Calendar Revision. – Notwithstanding the closing date adopted in conformance with 30 
subsection (d) of this section, a local board of education may, with approval of the State Board 31 
of Education, revise the scheduled closing date for students if a school experiences closures 32 
caused by severe weather, energy shortages, power failures, or emergencies, and additional 33 
instructional time is needed to comply with minimum requirements for instructional days or 34 
hours. 35  General Assembly Of North Carolina 	Session 2025 
Page 2  Senate Bill 754-Second Edition 
On a showing of good cause, the State Board of Education may waive the requirement that 1 
the opening date for students be no earlier than the Monday closest to August 26 and may allow 2 
the local board of education to set an opening date no earlier than the Monday closest to August 3 
19, to the extent that school calendars are able to provide sufficient days to accommodate 4 
anticipated makeup days due to school closings. A local board may revise the scheduled closing 5 
date if necessary in order to comply with the minimum requirements for instructional days or 6 
instructional time. For purposes of this subsection, the term "good cause" means that schools in 7 
any local school administrative unit in a county have been closed eight days per year during any 8 
four of the last 10 years because of severe weather conditions, energy shortages, power failures, 9 
or other emergency situations. 10 
(d2) Modified Calendars and Year-Round Schools. – The required opening and closing 11 
dates under this subsection section shall not apply to (i) any school that a local board designated 12 
as having a modified calendar for the 2003-2004 school year or to any school that was part of a 13 
planned program in the 2003-2004 school year for a system of modified calendar schools, so long 14 
as the school operates under a modified calendar.calendar and (ii) year-round schools. 15 
… 16 
(f) Definitions. – The following definitions shall apply in this section: 17 
(1) Reserved. 18 
(2) Reserved. 19 
(3) Good cause. – The closure of schools in any local school administrative unit 20 
in a county for eight days per year during any four of the last 10 years because 21 
of severe weather conditions, energy shortages, power failures, or other 22 
emergency situations. 23 
…." 24 
SECTION 2. Part 2 of Article 8 of Chapter 115C of the General Statutes is amended 25 
by adding the following new sections to read: 26 
"§ 115C-84.2A.  School calendar enforcement; withholding of funds. 27 
(a) The State Board of Education shall ensure that local boards of education comply with 28 
G.S. 115C-84.2. 29 
(b) The Superintendent of Public Instruction shall notify the State Board of Education 30 
and shall investigate whether the local board of education is in compliance with G.S. 115C-84.2 31 
if the Superintendent receives information from any of the following indicating that a local board 32 
of education has not complied with G.S. 115C-84.2: 33 
(1) A report to the Department of Public Instruction, Superintendent of Public 34 
Instruction, or State Board of Education. 35 
(2) A report by an employee of the Department of Public Instruction responsible 36 
for monitoring compliance of a local school administrative unit. 37 
(3) Any other source the Superintendent deems credible. 38 
(c) The Superintendent shall report the findings of the investigation to the State Board of 39 
Education within 60 days of the receipt of the information under subsection (b) of this section. 40 
The State Board shall schedule consideration of the report no later than the next regular meeting 41 
occurring more than five days after submission of the report. 42 
(d) Following submission of the report by the Superintendent, if the State Board of 43 
Education by a majority vote finds that the local board of education has not complied with 44 
G.S. 115C-84.2, the State Board shall direct the local board of education to take action to remedy 45 
the violation and submit documentation of the remedy to the State Board within 60 days. The 46 
State Board shall find that a local board of education is noncompliant with G.S. 115C-84.2 if the 47 
Superintendent's report indicates any of the following have occurred: 48 
(1) The local board of education adopted a resolution or policy stating that the 49 
local school administrative unit will not comply with G.S. 115C-84.2. 50  General Assembly Of North Carolina 	Session 2025 
Senate Bill 754-Second Edition 	Page 3 
(2) The local board of education approved any action counter to or incompatible 1 
with compliance with G.S. 115C-84.2. 2 
(e) If the local board of education fails to comply with the State Board of Education 3 
direction as provided in subsection (d) of this section, the State Board shall withhold the local 4 
school administrative unit's central office administration allotment until the State Board 5 
determines the local board is no longer noncompliant.  6 
(f) If the State Board of Education takes action under subsection (e) of this section, the 7 
State Board shall report this action to the Joint Legislative Education Oversight Committee, 8 
within 60 days of the action. The General Assembly shall consider, no later than the next session 9 
of the General Assembly, the future governance of the identified local school administrative unit. 10 
"§ 115C-84.2B.  School calendar enforcement; liability of local board. 11 
(a) A person that resides or maintains a place of business within the boundaries of a local 12 
school administrative unit may bring an action against the local board of education if the board 13 
has not complied with G.S. 115C-84.2. For purpose of this section, "person" means any natural 14 
person or corporation, nonprofit corporation, limited liability company, trust, association, 15 
partnership, joint venture, subsidiary, or other business entity. 16 
(b) For any action brought pursuant to this section, if the court finds that a local board of 17 
education has not complied with G.S. 115C-84.2, the court shall issue a declaratory judgment 18 
that the board is noncompliant, provide injunctive relief, and award a prevailing claimant 19 
reasonable attorneys' fees and costs. The court may impose a civil penalty against the board of 20 
up to ten thousand dollars ($10,000)." 21 
SECTION 3. This act is effective when it becomes law and applies beginning with 22 
the 2026-2027 school year. 23