Text of NC S 636 (2023)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S D SENATE BILL DRS35218-TC-35 Short Title: School Athletic Transparency. (Public) Sponsors: Senators Sawyer, Johnson, and McInnis (Primary Sponsors). Referred to: *DRS35218-TC-35* A BILL TO BE ENTITLED 1 AN ACT TO REVISE OVERSIGHT OF HIGH SCHOOL INTERSCHOLASTIC ATHLETICS. 2 The General Assembly of North Carolina enacts: 3 4 PART I. REVISE OVERSIGHT OF HIGH SCHOOL INTERSCHOLASTIC 5 ATHLETICS 6 SECTION 1.(a) Article 29E of Chapter 115C of the General Statutes reads as 7 rewritten: 8 "Article 29E. 9 "High School Interscholastic Athletic Activities. 10 "Part 1. Definitions. 11 "§ 115C-407.50. Definitions. 12 The following definitions apply in this Article: 13 (1) Administering organization. – A nonprofit organization that has entered into 14 and is in compliance with a memorandum of understanding with the State 15 Board of Education to administer and enforce the adopted rules and 16 requirements of this Article for interscholastic athletic activities at the high 17 school level. 18 … 19 (6) Parent. – The parent or legal guardian of a student participating or seeking to 20 participate in interscholastic athletic activities. 21 (7) Participating school. – A high school that elects to offer interscholastic athletic 22 activities. 23 "Part 2. Oversight of Interscholastic Athletic Activities. 24 "§ 115C-407.55. Rules for high school interscholastic athletic activities. 25 The State Board of Education shall adopt rules governing high school interscholastic athletic 26 activities conducted by public school units that include the following: 27 (1) Student participation rules. – These rules shall govern student eligibility to 28 participate in interscholastic athletic activities and activities. The adoption of 29 these rules shall not be delegated to an administering organization. The rules 30 shall include, at a minimum, the following: 31 a. academic standards, Academic standards. 32 b. enrollment Enrollment and transfer requirements, requirements, 33 including the following: 34 1. A student who is not domiciled in a local school administrative 35 unit but enrolls in that unit pursuant to G.S. 115C-366(d) shall 36 FILED SENATE Apr 5, 2023 S.B. 636 PRINCIPAL CLERK General Assembly Of North Carolina Session 2023 Page 2 DRS35218-TC-35 not be eligible to participate in interscholastic athletic activities 1 in that unit if the student's enrollment in that unit is solely for 2 athletic participation purposes. A student determined to be 3 ineligible under this sub-sub-subdivision shall be ineligible to 4 participate in postseason play for one year following discovery 5 of the violation. 6 2. A student who receives priority enrollment as the child of a 7 full-time employee of a charter school pursuant to 8 G.S. 115C-218.45(f)(3) shall not be eligible to participate in 9 interscholastic athletics for that charter school if the Office of 10 Charter Schools determines that the parent's enrollment was a 11 fraudulent basis for the student's priority enrollment. A student 12 determined to be ineligible under this sub-sub-subdivision 13 shall be ineligible to participate in postseason play for one year 14 following discovery of the violation. 15 c. attendance requirements, Attendance requirements. 16 d. medical Medical eligibility requirements, requirements. 17 e. Biological participation requirements. The rule shall require at least 18 the following: 19 1. Interscholastic teams or sports shall be designated as one of the 20 following based on biological sex: 21 I. Males, men, or boys. 22 II. Females, women, or girls. 23 III. Coed or mixed. 24 2. Interscholastic athletic activities designated for females, 25 women, or girls shall not be open to students of the male sex. 26 3. Sex shall be recognized based solely on a person's reproductive 27 biology and genetics at birth. 28 f. recruiting limitations, Recruiting limitations. 29 g. and hardship exceptions.Hardship exceptions. 30 (2) Student health and safety rules. – These rules shall govern requirements to 31 ensure student health and safety during participation in interscholastic athletic 32 activities, including rules related to concussions and emergency action plans 33 as required by G.S. 115C-12(23).G.S. 115C-407.57 and G.S. 115C-407.58. 34 The adoption of these rules shall not be delegated to an administering 35 organization. 36 (3) Penalty rules. – These rules shall establish a system of demerits for infractions 37 of student participation rules and gameplay rules which may result in 38 reprimands, probations, suspensions, forfeitures of contests, forfeitures of 39 titles, and disqualifications. disqualifications but shall not result in monetary 40 penalties of any kind. The State Board may by rule delegate the authority to 41 establish all or a portion of the penalty rules to an administering organization. 42 (4) Appeals rules. – These rules shall establish an appeals process that provides 43 due process to students, parents, and participating schools for enforcement of 44 rules that provides for rules. The adoption of these rules may not be delegated 45 to an administering organization. The rules shall require the following: 46 a. The Superintendent of Public Instruction shall appoint an independent 47 appeals board, board. 48 b. notice Notice of the infraction and the appeals process shall be 49 provided to the party that receives the penalty, penalty. 50 General Assembly Of North Carolina Session 2023 DRS35218-TC-35 Page 3 c. and an An opportunity to be heard before the independent appeals 1 board.board shall be given to the entity that receives the penalty. 2 d. A student and that student's parent shall be allowed to appeal a penalty 3 resulting from the application of any rule that restricts an individual 4 student from participating in a season, game, or series of games, and 5 shall be provided a written copy of the rule that is the basis for the 6 penalty. 7 (5) Administrative rules. – These rules shall govern classifications of schools into 8 divisions and conferences, administration of games, and requirements for 9 coaching, officiating, sportsmanship, and scheduling of seasons. The State 10 Board may by rule delegate the authority to establish all or a portion of the 11 administrative rules to an administering organization. At a minimum, 12 administrative rules shall require the following: 13 a. Classification of all participating schools in the State into one of four 14 athletic divisions based solely on average daily membership. For 15 charter or nonpublic schools, the rules shall classify those schools into 16 the next largest conference than the school would be assigned to based 17 solely on average daily membership. 18 b. Classification of all participating schools in the State into conferences 19 based solely on geography, division classification, and average daily 20 membership. 21 (6) Gameplay rules. – These rules shall be adopted in accordance with the 22 requirements of the governing organization for each sport, including the 23 requirements of the National Federation of State High School Associations. 24 The State Board may by rule delegate the authority to establish all or a portion 25 of the gameplay rules to an administering organization. 26 (7) Fees. – These rules shall establish the fees and other amounts that may be 27 charged to a participating school for participation in interscholastic athletic 28 activities. The State Board may by rule delegate the authority to establish all 29 or a portion of the fees to an administering organization.The adoption of these 30 rules shall not be delegated to an administering organization. 31 (8) Administering organization rules. – These rules shall require that to be 32 designated as an administering organization, a nonprofit must enter into and 33 remain compliant with a memorandum of understanding with the State Board. 34 The adoption of these rules shall not be delegated to an administering 35 organization. The rules shall also require the following: 36 a. The State Board may, by majority vote, invalidate any rule or 37 regulation adopted by the administering organization. 38 b. The administering organization be audited annually by a reputable 39 independent auditing firm, engage in open meetings as set out in the 40 memorandum of understanding, and provide the State Board access to 41 records of the administering organization, including financial 42 information, annual audit reports, and any matters related to or 43 impacting participating schools. 44 c. The administrating organization shall enter into written agreements 45 with each participating school. 46 d. The memorandum of understanding shall incorporate by reference any 47 subsequent changes to rules or statutes made after the parties enter into 48 the memorandum. 49 (9) Reporting rules. – These rules shall establish a process for reporting issues or 50 concerns related to the administration of interscholastic athletic 51 General Assembly Of North Carolina Session 2023 Page 4 DRS35218-TC-35 activities.activities, including intimidation or harassment of the participating 1 school or its employees or students by an administering organization. The 2 adoption of these rules may not be delegated to an administering organization. 3 "Part 3. Memorandum of Understanding. 4 "§ 115C-407.60. Administration and enforcement of high school interscholastic athletic 5 activity rules. 6 (a) The State Board of Education Superintendent of Public Instruction may enter into a 7 memorandum of understanding for a term of four years with one or more nonprofit organizations 8 to administer and enforce the requirements of this Article and the rules adopted by the State 9 Board for interscholastic athletic activities at the high school level. A memorandum of 10 understanding shall include the requirements of G.S. 115C-407.61 and shall comply with the 11 requirements of this Article. If the State Board by rule delegates the authority to establish certain 12 rules to an administering organization, as provided in G.S. 115C-407.55, the administering 13 organization shall not be required to comply with the requirements of Chapter 150B of the 14 General Statutes in establishing those rules. 15 (a1) The State Auditor is authorized to conduct audits of any administering organization 16 in the same manner as for State agencies in accordance with Article 5A of Chapter 147 of the 17 General Statutes, if the State Auditor deems an audit necessary. 18 (b) If the State Board Superintendent is unable to enter into a memorandum of 19 understanding, the State Board shall assign the administration of high school interscholastic 20 athletic activities to the Department Superintendent of Public Instruction and establish fees 21 sufficient to support the administration of the program. 22 (c) An administering organization is a public body for the purposes of Article 33C of 23 Chapter 143 of the General Statutes. 24 "§ 115C-407.61. Memorandum of understanding requirements. 25 (a) If the Superintendent of Public Instruction enters into a memorandum of 26 understanding with a nonprofit organization as provided in G.S. 115C-407.60, the memorandum 27 shall require that organization to do the following in accordance with the requirements of this 28 Article to maintain the authority to administer and enforce the requirements for high school 29 interscholastic athletic activities: 30 (1) Apply, enforce, and administer all rules adopted by the State Board. 31 (2) If delegated by the State Board, adopt, apply, enforce, and administer 32 administrative rules, gameplay rules, and penalty rules. A rule shall not be 33 adopted by an administering organization until the organization has provided 34 for publication of the proposed rule on the organization's website and provided 35 the opportunity to the public for notice and comment on the rule. All adopted 36 rules shall be provided within 15 days to the Superintendent for review. If the 37 Superintendent determines that the rule adopted by an administering 38 organization is unenforceable, the Superintendent shall notify the State Board 39 and the administering organization shall not enforce the rule. Upon notice 40 from the Superintendent, the State Board may either require the administering 41 organization to revise the rule and resubmit it to the Superintendent or may 42 rescind the delegation of authority and adopt a rule by emergency rule. 43 (3) Make publicly available at no cost on the administering organization's website 44 the following: 45 a. The organization's handbook for participating schools. 46 b. All student participation rules. 47 c. All gameplay rules. 48 d. Information on the appeals process, including specific information on 49 how to make an appeal. 50 General Assembly Of North Carolina Session 2023 DRS35218-TC-35 Page 5 (4) Agree to adopt requirements for membership of the nonprofit board that 1 require equal representation on the board from each educational district 2 established as provided in G.S. 115C-65. 3 (5) Adopt an ethics policy that requires board members to avoid conflicts of 4 interest and the appearance of impropriety. 5 (6) Agree to adopt procedures for its operations that are comparable to those of 6 Chapter 132 of the General Statutes, the Public Records Law, and provide for 7 enforcement by the Superintendent. The procedures may provide for the 8 confidentiality of personnel files comparable to Article 7 of Chapter 126 of 9 the General Statutes. 10 (7) Apply the standards established by the federal Family Educational Rights and 11 Privacy Act, 20 U.S.C. § 1232g, to all student records containing personally 12 identifiable information in the possession of the administering organization. 13 The administering organization shall be authorized to display and share 14 student information designated by a participating school as directory 15 information unless the participating school indicates that a parent has opted 16 out of disclosure of that information. Other than directory information, all 17 student records containing personally identifiable information held by the 18 administering organization are not public records and should not be released 19 under procedures adopted in accordance with subdivision (6) of this 20 subsection. 21 (8) Enter into contracts with participating schools as to the monetary requirements 22 for participation, including the payment of reasonable annual fees by 23 participating schools as needed to support the duties of the administering 24 association. Annual fees may vary based on the division to which the school 25 is assigned. All fees shall be in compliance with the State Board's fee rules. 26 (9) Agree to reduce annual fees to participating schools by a minimum of twenty 27 percent (20%) when the total fund balance for the administering organization 28 is two hundred fifty percent (250%) of the administering organization's total 29 expenses from the prior fiscal year. The administering organization may 30 increase annual fees to participating schools, consistent with the State Board's 31 rules on fees, when the total fund balance is one hundred fifty percent (150%) 32 of the organization's total expenses from the prior fiscal year. 33 (10) Agree to retain no more than thirty-three percent (33%) of the net proceeds of 34 any State tournament game. 35 (11) Agree to be audited annually by a reputable independent auditing firm and to 36 be audited by the State Auditor pursuant to Article 5A of Chapter 147 of the 37 General Statutes, if the State Auditor deems an audit necessary. 38 (12) Agree to not engage in any of the following activities: 39 a. Solicit grant funding and sponsorships from third-party organizations, 40 other than for State tournament games. 41 b. Provide grants to schools regulated by the administering organization. 42 c. Provide scholarships to players, except when funded by 43 donor-directed funds. 44 d. Designate the use of specific or preferred vendors or require the use of 45 any single-source or vendor specific contracts. 46 e. Retain a percentage of gate receipts for games other than State 47 tournament games. 48 f. Regulate or control the intellectual property of schools, including team 49 logos, mascots, and audio or video of any game other than the State 50 tournament games. 51 General Assembly Of North Carolina Session 2023 Page 6 DRS35218-TC-35 g. Restrict the recording of audio or video at a State tournament game by 1 any parent of a student participating in the game or any employee of 2 the school participating in the game. 3 h. Retain any portion of receipts collected from ticket sales, concessions, 4 or sale of merchandise by a participating school. 5 i. Retaliate against participating schools, or the employees or students of 6 those schools, for reporting to the administering organization, the State 7 Board, or any other government entity on any of the following topics. 8 For the purposes of this sub-subdivision, "retaliate" does not include 9 the application of a penalty rule that is appealable to an independent 10 appeals board. 11 1. Violations of laws or rules. 12 2. Fraud. 13 3. Misappropriation of resources. 14 4. Substantial and specific danger to student or employee health 15 and safety. 16 5. Gross mismanagement or abuse of authority. 17 j. Prohibit or restrict a participating school from scheduling a 18 nonconference game during the regular season or take any portion of 19 ticket seasons from those games. 20 (13) Report annually by December 1 to the Superintendent of Public Instruction 21 and the State Board of Education on the following: 22 a. Activities during the prior school year and recommendations and 23 findings regarding improvement of high school interscholastic 24 athletics. 25 b. A copy of both the most recent annual audit conducted by the 26 independent auditing firm and any audit conducted by the State 27 Auditor. 28 c. A schedule of current fees charged to participating schools. 29 d. The amount of fees and gate receipts collected. 30 e. The current fund balance for the administering organization. 31 (b) The Superintendent may terminate any memorandum of understanding for 32 noncompliance with this Article or the terms of the memorandum of understanding. In the event 33 of termination of a memorandum of understanding, the nonprofit organization shall return to each 34 participating school a pro rata share of the funds paid by that school for the year as provided in 35 the participating school's contract with the organization. 36 "Part 4. Public School Unit Conduct of Interscholastic Athletic Activities. 37 "§ 115C-407.65. Conduct of high school interscholastic athletic activities by public school 38 units. 39 (a) All public school units with participating schools shall conduct high school 40 interscholastic athletic activities in accordance with the rules adopted by the State Board of 41 Education and as administered and enforced by either an administering organization that is in 42 compliance with the memorandum of understanding or the Department Superintendent of Public 43 Instruction. Public school units shall not be regulated by any other entities for regular and 44 postseason high school interscholastic athletics. 45 (b) Participating schools shall purchase catastrophic insurance for high school 46 interscholastic athletic activities as provided in Part 2 of Article 31A of Chapter 58 of the General 47 Statutes. 48 "§ 115C-407.70. Middle school interscholastic athletic activities. 49 (a) The State Board of Education shall adopt rules governing middle school 50 interscholastic athletic activities conducted by public school units consistent with the 51 General Assembly Of North Carolina Session 2023 DRS35218-TC-35 Page 7 requirements of G.S.115C-407.55 for student participation rules, student health and safety rules, 1 penalty rules, appeals rules, administrative rules, gameplay rules, fee rules, and reporting rules. 2 (b) The rules adopted by the State Board of Education for interscholastic athletic 3 activities at the middle school level shall be administered by the Superintendent of Public 4 Instruction. 5 (c) All public school units with schools that participate in middle school interscholastic 6 athletics shall conduct middle school interscholastic athletic activities in accordance with the 7 rules adopted by the State Board of Education and as administered and enforced by the 8 Superintendent of Public Instruction. 9 "Part 5. Public School Unit Reports. 10 "§ 115C-407.75. Public school units annual interscholastic athletic reports. 11 (a) Each public school unit with one or more participating schools shall annually report 12 by June 15 the following information to the Superintendent of Public Instruction and the State 13 Board of Education: 14 (1) The total dollar amount spent on interscholastic athletic activities, by the 15 following categories: 16 a. Administering association fees. 17 b. Salaries or stipends for coaches and faculties for duties associated 18 solely with interscholastic athletics. 19 c. Capital costs, including new construction, repair and renovation, and 20 maintenance costs for existing athletic facilities. 21 d. Uniform and equipment costs. 22 e. Travel and transportation costs. 23 f. Officiating costs. 24 g. Other identified costs. 25 (2) The total dollar amount received from interscholastic athletic activities, 26 including funds held in special funds of individual schools, by the following 27 categories: 28 a. Gate receipts. 29 b. Concession sales. 30 c. Merchandise sales or sales of items directly related to interscholastic 31 athletics, including apparel and audiovisual materials. 32 d. Student fees. 33 e. Monetary and in-kind contributions from third-party organizations. 34 f. State or local funding expended on capital costs for athletic facilities. 35 g. Other identified sources of funds. 36 (b) The Superintendent of Public Instruction shall provide a summary of the reports by 37 public school units and a copy of each public school unit report to the Joint Legislative Education 38 Oversight Committee no later than October 15 annually." 39 SECTION 1.(b) G.S. 143-318.10(b) reads as rewritten: 40 "(b) As used in this Article, "public body" means any elected or appointed authority, 41 board, commission, committee, council, or other body of the State, or of one or more counties, 42 cities, school administrative units, constituent institutions of The University of North Carolina, 43 or other political subdivisions or public corporations in the State that (i) is composed of two or 44 more members and (ii) exercises or is authorized to exercise a legislative, policy-making, 45 quasi-judicial, administrative, or advisory function. In addition, "public body" means the means 46 the following: 47 (1) The governing board of a "public hospital" as defined in G.S. 159-39 and the 48 G.S. 159-39. 49 (2) The governing board of any nonprofit corporation to which a hospital facility 50 has been sold or conveyed pursuant to G.S. 131E-8, any subsidiary of such 51 General Assembly Of North Carolina Session 2023 Page 8 DRS35218-TC-35 nonprofit corporation, and any nonprofit corporation owning the corporation 1 to which the hospital facility has been sold or conveyed. 2 (3) An administering organization as defined in G.S. 115C-407.50(1)." 3 SECTION 1.(c) In accordance with the requirement that the memorandum of 4 understanding incorporate by reference subsequent changes to statutes made after the parties 5 enter into the memorandum of understanding, the Superintendent of Public Instruction shall be 6 substituted for the State Board of Education in any memorandum of understanding existing as of 7 the date this act becomes law. 8 9 PART II. RECODIFICATION AND REORGANIZATION OF CURRENT 10 INTERSCHOLASTIC ATHLETICS STATUTES 11 SECTION 2.(a) G.S. 115C-12(23) reads as rewritten: 12 "(23) Power to Adopt Rules for Interscholastic Athletic Activities. – The State 13 Board of Education shall adopt rules governing interscholastic athletic 14 activities conducted by local boards of education, public school units, 15 including eligibility for student participation, in accordance with this 16 subdivision and Article 29E of this Chapter. With regard to middle schools 17 and high schools, the rules shall provide for the following: 18 a. All coaches, school nurses, athletic directors, first responders, 19 volunteers, students who participate in interscholastic athletic 20 activities, and the parents of those students shall receive, on an annual 21 basis, a concussion and head injury information sheet. School 22 employees, first responders, volunteers, and students must sign the 23 sheet and return it to the coach before they can participate in 24 interscholastic athletic activities, including tryouts, practices, or 25 competition. Parents must sign the sheet and return it to the coach 26 before their children can participate in any such interscholastic athletic 27 activities. The signed sheets shall be maintained in accordance with 28 sub-subdivision d. of this subdivision. 29 For the purpose of this subdivision, a concussion is a traumatic 30 brain injury caused by a direct or indirect impact to the head that 31 results in disruption of normal brain function, which may or may not 32 result in loss of consciousness. 33 b. If a student participating in an interscholastic athletic activity exhibits 34 signs or symptoms consistent with concussion, the student shall be 35 removed from the activity at that time and shall not be allowed to 36 return to play or practice that day. The student shall not return to play 37 or practice on a subsequent day until the student is evaluated by and 38 receives written clearance for such participation from (i) a physician 39 licensed under Article 1 of Chapter 90 of the General Statutes with 40 training in concussion management, (ii) a neuropsychologist licensed 41 under Article 18A of Chapter 90 of the General Statutes with training 42 in concussion management and working in consultation with a 43 physician licensed under Article 1 of Chapter 90 of the General 44 Statutes, (iii) an athletic trainer licensed under Article 34 of Chapter 45 90 of the General Statutes, (iv) a physician assistant, consistent with 46 the limitations of G.S. 90-18.1, or (v) a nurse practitioner, consistent 47 with the limitations of G.S. 90-18.2. 48 c. Each school shall develop a venue specific emergency action plan to 49 deal with serious injuries and acute medical conditions in which the 50 condition of the patient may deteriorate rapidly. The plan shall include 51 General Assembly Of North Carolina Session 2023 DRS35218-TC-35 Page 9 a delineation of roles, methods of communication, available 1 emergency equipment, and access to and plan for emergency transport. 2 This plan must be (i) in writing, (ii) reviewed by an athletic trainer 3 licensed in North Carolina, (iii) approved by the principal of the 4 school, (iv) distributed to all appropriate personnel, (v) posted 5 conspicuously at all venues, and (vi) reviewed and rehearsed annually 6 by all licensed athletic trainers, first responders, coaches, school 7 nurses, athletic directors, and volunteers for interscholastic athletic 8 activities. 9 d. Each school shall maintain complete and accurate records of its 10 compliance with the requirements of this subdivision pertaining to 11 head injuries." 12 SECTION 2.(b) Part 2 of Article 29E of Chapter 115C of the General Statutes, as 13 enacted by this act, is amended by adding a new section to read: 14 "§ 115C-407.57. Rules on concussions and head injuries. 15 (a) For the purpose of this section, a concussion is a traumatic brain injury caused by a 16 direct or indirect impact to the head that results in disruption of normal brain function which may 17 or may not result in loss of consciousness. 18 (b) With regard to middle schools and high schools, the State Board of Education shall 19 adopt rules that provide for the following: 20 (1) All coaches, school nurses, athletic directors, first responders, volunteers, 21 students who participate in interscholastic athletic activities, and the parents 22 of those students shall receive, on an annual basis, a concussion and head 23 injury information sheet. School employees, first responders, volunteers, and 24 students must sign the sheet and return it to the coach before they can 25 participate in interscholastic athletic activities, including tryouts, practices, or 26 competition. Parents must sign the sheet and return it to the coach before their 27 children can participate in any such interscholastic athletic activities. The 28 signed sheets shall be maintained in accordance with subsection (c) of this 29 section. 30 (2) If a student participating in an interscholastic athletic activity exhibits signs 31 or symptoms consistent with a concussion, the student shall be removed from 32 the activity at that time and shall not be allowed to return to play or practice 33 that day. The student shall not return to play or practice on a subsequent day 34 until the student is evaluated by and receives written clearance for such 35 participation from one of the following: 36 a. A physician licensed under Article 1 of Chapter 90 of the General 37 Statutes with training in concussion management. 38 b. A neuropsychologist licensed under Article 18A of Chapter 90 of the 39 General Statutes with training in concussion management and working 40 in consultation with a physician licensed under Article 1 of Chapter 90 41 of the General Statutes. 42 c. An athletic trainer licensed under Article 34 of Chapter 90 of the 43 General Statutes. 44 d. A physician assistant, consistent with the limitations of G.S. 90-18.1. 45 e. A nurse practitioner, consistent with the limitations of G.S. 90-18.2. 46 (c) Each middle and high school shall maintain complete and accurate records of its 47 compliance with the requirements of this section." 48 SECTION 2.(c) Part 2 of Article 29E of Chapter 115C of the General Statutes, as 49 enacted by this act, is amended by adding a new section to read: 50 "§ 115C-407.58. Emergency action plans. 51 General Assembly Of North Carolina Session 2023 Page 10 DRS35218-TC-35 (a) With regard to middle schools and high schools, the State Board of Education shall 1 adopt a rule that requires each school to develop a venue-specific emergency action plan to deal 2 with serious injuries and acute medical conditions in which the condition of the patient may 3 deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, 4 available emergency equipment, and access to and plan for emergency transport. 5 (b) The rule required by subsection (a) of this section shall require the plan to be at least 6 the following: 7 (1) In writing. 8 (2) Reviewed by an athletic trainer licensed in North Carolina. 9 (3) Approved by the principal of the school. 10 (4) Distributed to all appropriate personnel. 11 (5) Posted conspicuously at all venues. 12 (6) Reviewed and rehearsed annually by all licensed athletic trainers, first 13 responders, coaches, school nurses, athletic directors, and volunteers for 14 interscholastic athletic activities." 15 16 PART III. IMPLEMENTATION 17 SECTION 3.(a) The State Board of Education shall review and adopt new or revised 18 emergency rules on interscholastic athletics for use in the 2023-2024 school year in accordance 19 with the requirements of Article 29E of Chapter 115C of the General Statutes, as enacted by this 20 act, no later than August 1, 2023. Notwithstanding G.S. 150B-21.1A, no findings of need shall 21 be required for an emergency rule adopted for the 2023-2024 school year, an emergency rule 22 adopted as provided in this subsection shall be effective until June 30, 2024, and the State Board 23 of Education shall not be required to adopt temporary rules to replace an emergency rule for use 24 in the 2023-2024 school year. The State Board shall submit all emergency rules in accordance 25 with the requirements in 26 NCAC 02C. 26 SECTION 3.(b) The State Board of Education shall adopt new or revised permanent 27 rules for use beginning with the 2024-2025 school year and thereafter. 28 SECTION 3.(c) The Superintendent of Public Instruction, in consultation with any 29 administering organization, shall study and make findings and recommendations on the 30 following issues and report on its findings and recommendations to the Joint Legislative 31 Education Oversight Committee by April 1, 2024: 32 (1) Whether an administering organization should be responsible for overseeing 33 the conduct of middle school interscholastic athletics for public school units. 34 The Superintendent shall include in the deliberations an examination of the 35 potential costs to public school units for oversight of middle school 36 interscholastic athletics by an administering organization. The Superintendent 37 shall establish workgroups of athletic directors, principals, and coaches 38 employed by schools serving students in grades six through eight and parents 39 of students in grades six through eight to provide input on this 40 recommendation. 41 (2) Factors that should be considered in (i) home school students' participation in 42 interscholastic athletics, including how to address insurance and liability 43 issues for those students while participating in interscholastic athletics, (ii) 44 cooperative innovative high school students' participation in interscholastic 45 athletics, and (iii) nonpublic schools. The Superintendent shall establish 46 workgroups of athletic directors, principals, and parents of students in home 47 schools, cooperative innovative high schools, and nonpublic schools to 48 provide input on this recommendation. 49 SECTION 3.(d) Notwithstanding the requirements of G.S. 115C-407.75, as enacted 50 by this act, all public school units shall submit the first annual interscholastic athletic report to 51 General Assembly Of North Carolina Session 2023 DRS35218-TC-35 Page 11 the Superintendent of Public Instruction and the State Board of Education no later than July 15, 1 2024, and shall include data from the 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2 2023-2024 school years. 3 SECTION 3.(e) This act is effective when it becomes law. Sections 1 and 2 of this 4 act apply beginning with the 2023-2024 school year and thereafter. 5