Action for Children North Carolina | www.ncchild.org
 
 
April 12, 2013  
 
Raise the Age Bill Filed; President Obama Releases Budget 
 
Greetings!   

  

Register Now! 
Child and Family Day is next Wednesday, April 17th from 10 am to noon on Halifax Mall at the General Assembly. Come join us as we convene on behalf of N.C.'s children. The day will include an issues briefing, rally and opportunity to visit legislators. Come play our 30' by 42' giant Chutes and Ladders game, courtesy of MomsRising. Click here to register.  


Raise the Age Bill is Filed... 
H.B. 725: Young Offenders Rehabilitation Act was filed this week. The bill would create a Juvenile Jurisdiction Advisory Committee to create a pilot civil citation process for juveniles and raise the age of juvenile court jurisdiction to include 16- and 17-year-olds accused of misdemeanors. The bill was filed by Representatives Marilyn Avila (R-Wake), Tim Moffitt (R-Buncombe), Annie Mobley (D-Bertie, Gates, Hertford, Pasquotank) and Duane Hall (D-Wake). There are 17 co-sponsors. The bill will first be heard in the House Judiciary B Subcommittee, then the Appropriations Committee.

...while Bill to Prosecute More Youth as Adults is Discussed in Committee. 
HB 217: Criminal Law/Procedure Amendments, among other changes to criminal law, establishes that, upon motion by the prosecutor, juveniles age 13 and older alleged to have committed a Class B1 through Class E felony will be transferred to the superior court for trial, as in the case of adults. Currently, juveniles are transferred to Superior Court at the discretion of the judges; this bill would move that discretion to the prosecutors. The bill was discussed in the House Judiciary B Subcommittee this week, but no votes were taken. There are possible amendments to increase the age to 15 or to eliminate this provision from the bill altogether. The bill is to be heard again next Wednesday and a vote is expected. This bill moves NC backwards -- the state would be prosecuting more youth as adults, rather than fewer.

TAKE ACTION NOW! Juvenile Transfer Bill In Committee (HB 217)
HB 217 will be heard in the Judiciary B subcommittee next Wednesday, April 17th at 10am in 421 LOB. The Juvenile Transfer section of  HB 217 removes judicial discretion in certain juvenile transfer cases for children as young as 13. Evidence has proven that the impact of sending youth to the adult system is detrimental to both our youth and society.
 
TAKE ACTION: 1) Attend the committee meeting to stand for youth justice; 2) Contact the legislators listed below and ask that they remove the Juvenile Transfer section of HB 217. Remind them that continued unbiased decision making by judges is what's best for our children and youth.
 
Representative Paul Stam, bill sponsor: 919-733-2962                        
Representative Jonathan Jordan: Committee Chair: 919-733-7727    
Representative John Faircloth, bill sponsor: 919-733-5877                   

  

  

President Obama Proposes Budget, including Pre-K for All...  

President Obama released his proposed budget this week, which includes $1.8 trillion in deficit reduction over the coming decade, achieved largely through spending cuts. The President proposes an alternative to sequestration that would raise revenues, cut spending and reform entitlement programs. Overall, the budget proposes a 2.5:1 ration of spending cuts to revenue increases. Some highlights: 
  •  Social Security: The President would reduce Social Security benefits using an alternate method of calculating inflation that would result in smaller cost of living adjustments for seniors going forward.  
  • Medicaidthe President confirmed that Medicaid expansion will be funded 100 percent by the federal government until 2020 and 90 percent after that.   
  • Taxes: The proposal reduces tax deductions for the wealthiest two percent but proposes no new taxes on corporations.
  • Cuts: Because of the alternate method of cutting (instead of sequestration), the defense budget would lose only 1.6 percent. Discretionary spending would suffer lower caps (max spending levels) in the out years, beyond 2017. 
  • Early Education: The President proposes a major investment in early education, including grants to states to begin building up to universal pre-K and more funding for Head Start, Early Head Start, home visiting, the Child Care and Development Block Grant, special education and Promise Neighborhoods.   

Click here for a full analysis of the President's budget proposal from our friends at the Center on Budget and Policy Priorities.   

 
     
... while Here at Home, Bill Would Cut Children Eligible for NC Pre-K by a Third 

H.B. 935: NC Pre-K Law Changes, filed this week, would change the definition of an 'at-risk' child for purposes of the NC Pre-K program, cutting the maximum income level more than in half. Currently, children in families of four making less than $51,000 are eligible; the new bill would change the cut-off to 100 percent of the federal poverty level, or about $22,000 for a family of four. Advocates are reporting that could cut the number of children eligible for NC Pre-K at least by a third. Children with disabilities and children in military families would still qualify for the program, but limited English proficiency would no longer be an eligibility factor. The move is likely being made in response to Judge Howard Manning's ruling that NC is constitutionally obligated to provide free Pre-K to all at-risk children. This bill would drastically lower the number of children who must be enrolled -- and thus the state's financial obligation -- by changing the definition of "at-risk." The bill also makes changes to the make-up of the Child Care Commission. 

  

State Budget Update

Senator Brunstetter, the Senate's senior budget chair, has said that the Senate budget will not be released until mid-May. Appropriations Committees are currently waiting on updated revenue numbers -- to be released next week -- and for the Finance Committee to finish work on tax reform plans. The House budget will come out after the Senate budget this year. 

  

Relevant Bills Acted on This Week
Key bills affecting children that were acted on this week at the General Assembly are listed below. The filing deadline for non-appropriations-related bills is Saturday, so there has been a flurry of bill filing. Fewer bills will be filed going forward, and all will be budget-related.    

Health 
   
S.B. 98: Require Pulse Oximetry Newborn Screening
Would require that hospitals provide a simple test for newborn heart defects. House already passed a similar bill (H.B. 105), and now the Senate has passed S.B. 98. The two pieces of legislation will have to be conferenced.

Would prohibit physicians from treating minors for STDs, pregnancy, substance abuse or mental health issues without written parental consent. H.B. 693 was filed this week and referred to the House Health and Human Services Committee. It is identical except includes a provision allowing minors to petition the local district court for a waiver of the consent requirement under certain circumstances.

H.B. 683: Commonsense Consumption Act
Prevents local governments from regulating the size of soft drinks (like the regulation passed by New York City) and bars civil actions against food producers, marketers, etc for weight gain or obesity stemming from consumption of the foods in question. Filed and referred to the House Judiciary Subcommittee A.

SB 347: Study Unified Health System
Directs the Department of Health and Human Services to study the state's publicly-funded health system, including indicators of population health, the quality of available data about health and health services, an evaluation of the health services delivery structure and governance models (including mental health), and recommendations for strengthening North Carolina's system. Withdrawn from the Senate Health Care Committee and referred to the Senate Rules Committee, which may suggest it will be rolled up in an omnibus Studies Bill with other studies.
 
  
Regulates sale of tobacco products over the internet to minors. Similar H.B. 864 was filed this week.

H.B. 862: Health Insurance Market Reforms
Would make changes to the state health insurance reform laws in response to the Affordable Care Act. Filed.

H.B. 877: Licensing of Health Insurance Navigators
Outlines the requirements for being licensed as a Health Insurance Navigators for the federal exchange to be created in NC under the Affordable Care Act. These individuals or organizations would help consumers navigate the new system. Filed.

H.B. 758: Student Screen and Ed./Eating Disorders
Directs the State Board to adopt guidelines for a screening program for eating disorders to be used by local school systems, and to give certain students and their parents information annually about eating disorders. Filed and referred to the House Education Committee.

H.B. 805: Ban Smoking in Foster Care Settings/Infants
Would prohibit foster parents from smoking around infants in their care. Filed and referred to House Health and Human Services Committee.


Child Safety
  
 
Would require NC to regularly report on its compliance status with federal law on sexual assaults in prisons, jails and youth facilities. Advocates are particularly concerned about the treatment of children and youth in adult jails and prisons. Filed and referred to Judiciary Subcommittee B. 
 
Regulates child custody and visitation during a parent's deployment. House concurred with Senate changes and sent to the Governor.

S.B. 124: Shoot Gun from Inside/To Incite Fear
Makes it a felony to shoot a gun inside a building with the intent of scaring someone. Passed the Senate.

Would increase the number of School Resource Officers, guidance counselors, school psychologists and social workers, and appropriates funds. Requires panic alarm systems in schools, regular lock-down drills, and more. Passed the House Education Committee and referred to the House Appropriations Committee.
 
Would increase penalties for felony child abuse from a max of 15 years to a max of 33 years. Withdrawn from the Senate Appropriations Committee and referred to the Judiciary II Committee. 
 

Would prohibit employers, educational institutions or government units from requesting information from an applicant for employment or admission regarding an arrest, charge or conviction that has been expunged from the applicant's record. Passed second reading on the House floor.

Lays out 11 core principles for protecting foster care children's rights. Passed the House.

H.B. 670: DSS Study/Extend Foster Care to Age 21 
Instructs DSS to study extending foster care from age 18 to 21. Filed and referred to the House Rules Committee.

Would make it a felony for a parent or other caregiver to knowingly fail to report the disappearance of a child. Withdrawn from the Senate Rules Committee and re-referred to the Senate Judiciary II Committee.

Would require that minors be put into protective custody rather than prosecuted for prostitution. Filed and referred to House Judiciary Subcommittee B.

H.B. 848: N.C. Toxic-Free Kids Act
Attempts to eliminate certain chemicals from children's products, including BPA, tris and phthalates. Filed.

H.B. 937: Amend Various Firearms Laws
Omnibus gun-rights bill that includes many of the provisions filed in previous bills this session, including, among others, carrying guns in bars and on community college and university campuses. Also increases penalties for some gun-related offenses and limits local governments' ability to prohibit persons with concealed carry permits from carrying weapons. Filed. 
 
  
Education
 
Makes a charter school a "government unit" for the purposes of transfer of property. Presumably would make it easier for new charter schools to obtain local or state government buildings for their use. Withdrawn from the House Finance Committee and referred to the Education Committee.

S.B. 337: NC Public Charter School Board (H.B. 443 is similar, but not identical)
Creates a separate school board for charter schools. Passed the Senate Finance Committee and referred to the Senate Appropriations Committee.
 
SB 361: Excellent Public Schools Act of 2013
Aims to maximize instructional time, strengthen teacher education programs and licensure requirements, establish merit pay, assign school performance grades and reform teacher contracts. Of particular concern to education advocates is the grading of schools based entirely on proficiency, rather than student growth, which could create a two-tiered system within the public schools. Passed the Senate Committee on Education/Higher Education and referred to the Senate Appropriations Committee.
 
This bipartisan bill takes a different approach from S.B. 361 (above). It is more moderate on teacher tenure by suggesting a probationary/non-probationary system, and it would study teacher pay issues, including merit pay, as a package, before taking action. This bill takes into account student achievement growth, not just test scores. Filed and referred to the House Education Committee.

H.B. 733: Common Core Standards Study
Establishes a committee to study the implementation and short- and long-term impacts of the Common Core Standards in NC Public Schools. Filed and referred to the House Education Committee.

Requires the State Board of Education to take certain steps to improve education for children who are deaf or hard of hearing. Passed the House and was referred to the Senate Education/Higher Education Committee.

Would require that the State Board of Education mandate instruction in cursive writing and memorization of multiplication tables as part of the standard course of study. Received from the House and referred to the Senate Committee on Education/Higher Education.
 
Would require grading of schools, based on student test scores. Received from the House and referred to the Senate Ways & Means Committee.

H.B. 775: Moratorium on High-Stakes Testing
Would place a moratorium on high-stakes standardized testing required by the state. Filed and referred to House Education Committee. 
 
H.B. 853: School Funding Formula Changes
Would adjust formula for small school system supplemental funding and study other funding formulas. Filed. 

Would start a pilot program, including some charter schools, in New Hanover, Charlotte/Mecklenburg and two other (unnamed) school systems. Similar H.B. 884 was filed this week.

H.B. 803: Healthy and High Performance Schools Act
Would improve school meals; increase physical activity during the school day; improve environmental factors in schools such as improved drinking water, energy reduction, green cleaning and recycling; establish school gardens, school health profiles and school health centers; and establish a Healthy Youth and Schools Commission to advise the state board of education on all aspects of student and school health and wellness. Filed and referred to House Education Committee.

H.B. 804: Great Leaders for Great Schools/Study
Directs a committee to study strategies for improving leadership in NC schools. Filed and referred to House Education Committee.

H.B. 831: Ed. Services for Children in PRTFs
Provides for the education of children in private Psychiatric Residential Treatment Facilities. Would require all facilities to have a school, and the State Board of Education could allocate funds for those schools. Filed and referred to the House Health and Human Services Committee.

H.B. 838: Exceptional Children's Services/Study
Would establish a committee to study the provision of EC services in the local school systems. Filed and referred to the House Rules Committee.

H.B. 839: Public School Reporting Reform
Would reduce reporting requirements for public schools. Filed and referred to the House Education Committee.

H.B. 840: Division of Deaf Education
Would establish a separate Division of Deaf Education in the Department of Public Instruction to oversee the residential schools for the deaf and hard of hearing. Would effectively move deaf education under DPI instead of HHS. Filed and referred to the House Education Committee.

H.B. 904: In-State Tuition/Some NC Immigrant Youth
Would allow immigrant youths to pay in-state tuition at NC community colleges and universities if certain requirements are met. Filed.  


Economic Security
 
Would require drug screening for every applicant for public benefits. Would be very expensive for counties. Very controversial within the General Assembly. S.B. 594 passed the Senate Judiciary II Committee and was referred to the Senate Health Care Committee.
  
Would require local DSS offices to do a search for outstanding arrest warrants for all applicants applying for public benefits. Advocates are particularly concerned about the repercussions for children. Passed the House.

H.B. 687: Homeless Shelters/Remove Age Limits
Would allow minors under age 18 in temporary overflow emergency homeless shelters. Filed and referred to the House Government Committee.

H.B. 772: Study Free and Reduced Lunch
Establishes a study committee to study NC's participation in the national free and reduced school lunch program, with an eye towards cost reduction. Has the potential to have a huge impact on low income children. Filed and referred to the House Rules Committee.

H.B. 922: Extend Federal Emergency UI
Would extend federal emergency unemployment benefits to laid-off NC workers for one more year, until January 2014. Filed.


Friday Conference Calls 
Action for Children and the Covenant with North Carolina's Children hold Friday morning conference calls to update you on the week's happenings at the General Assembly. Updates include bills and budget actions. To join:
  • Fridays, 11 a.m.
  • Dial 1-800-582-3014 and enter passcode 882011141# 
Click here to add this call to your calendar.

 

Calendar and Events

  
Giant Chutes and Ladders Game, coming to a town near you.
The tour will feature a giant Chutes & Ladders board highlighting the public investments that are essential to ensuring all of NC's children get the strong start they need to succeed. At each stop, there will be a giant game of Chutes & Ladders in a local park or community center. Children from local early learning programs, parents, business and civic leaders will be invited along with lawmakers to come and play the game for themselves. Along with the game, there will be snacks, crafts, and music.

  • April 13 - Asheville, Healthy Kids Day, Pack Square Park, 11-5
  • April 17 - General Assembly in Raleigh, Child & Family Day, Halifax Mall (located behind the General Assembly at 16 W. Jones St., 10-12
  • April 22 - Durham: Details coming soon!
  • April 26 - Wilmington, Smart Start of New Hanover County, 3534 S. College Rd., 10-12
  • May 6 - Greenville: Details coming soon!
  • May 13 - Charlotte: Details coming soon!
Location information will be updated regularly at www.momsrising.org/northcarolina.
  
Child and Family Day, April 17th 10 am to noon on Halifax Mall at the General Assembly
Join us as we convene on behalf of N.C.'s children. The day will include an issues briefing, rally and opportunity to visit legislators. Click here to register. 
 

Hands of Protection Second Annual 5K Walk, April 20th, Smithfield.

Walk to prevent child abuse.    

  

Second Chance Lobby Day, April 23rd from 9-5 at the N.C. Legislative Building 
Sponsored by the NC Second Chance Alliance 

  

2013 National Smart Start Conference, April 29th - May 2, Greensboro