GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2023
S D
SENATE BILL 636
PROPOSED COMMITTEE SUBSTITUTE S636-PCS15341-TC-34

Short Title: School Athletic Transparency. (Public)

Sponsors:
Referred to:
April 6, 2023

1 A BILL TO BE ENTITLED
2 AN ACT TO REVISE OVERSIGHT OF HIGH SCHOOL INTERSCHOLASTIC ATHLETICS.
3 The General Assembly of North Carolina enacts:
4
5 PART I. REVISE OVERSIGHT OF HIGH SCHOOL INTERSCHOLASTIC
6 ATHLETICS
7 SECTION 1.(a) Article 29E of Chapter 115C of the General Statutes reads as
8 rewritten:
9 "Article 29E.
10 "High School Interscholastic Athletic Activities.
11 "Part 1. Definitions.
12 "§ 115C-407.50. Definitions.
13 The following definitions apply in this Article:
14 (1) Administering organization. – A nonprofit organization that has entered into
15 and is in compliance with a memorandum of understanding with the State
16 Board of Education to administer and enforce the adopted rules and
17 requirements of this Article for interscholastic athletic activities at the high
18 school level.
19 …
20 (6) Parent. – The parent or legal guardian of a student participating or seeking to
21 participate in interscholastic athletic activities.
22 (7) Participating school. – A high school that elects to offer interscholastic athletic
23 activities.
24 "Part 2. Oversight of Interscholastic Athletic Activities.
25 "§ 115C-407.55. Rules for high school interscholastic athletic activities.
26 The State Board of Education shall adopt rules governing high school interscholastic athletic
27 activities conducted by public school units that include the following:
28 (1) Student participation rules. – These rules shall govern student eligibility to
29 participate in interscholastic athletic activities and activities. The adoption of
30 these rules shall not be delegated to an administering organization. The rules
31 shall include, at a minimum, academic standards, enrollment the following:
32 a. Academic standards.
33 b. Enrollment and transfer requirements, attendance requirements,
34 medical requirements, including the following:
35 1. A student who is not domiciled in a local school administrative
36 unit but enrolls in that unit pursuant to G.S. 115C-366(d) shall

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1 not be eligible to participate in interscholastic athletic activities
2 in that unit if the student's enrollment in that unit is solely for
3 athletic participation purposes. A student determined to be
4 ineligible under this sub-sub-subdivision shall be ineligible to
5 participate in postseason play for one year following discovery
6 of the violation.
7 2. A student who receives priority enrollment as the child of a
8 full-time employee of a charter school pursuant to
9 G.S. 115C-218.45(f)(3) shall not be eligible to participate in
10 interscholastic athletics for that charter school if the Office of
11 Charter Schools determines that the parent's employment was
12 a fraudulent basis for the student's priority enrollment. A
13 student determined to be ineligible under this
14 sub-sub-subdivision shall be ineligible to participate in
15 postseason play for one year following discovery of the
16 violation.
17 c. Attendance requirements.
18 d. Medical eligibility requirements, recruiting limitations, and hardship
19 exceptions.requirements.
20 e. Biological participation requirements.
21 f. Recruiting limitations.
22 g. Hardship exceptions.
23 (2) Student health and safety rules. – These rules shall govern requirements to
24 ensure student health and safety during participation in interscholastic athletic
25 activities, including rules related to concussions and emergency action plans
26 as required by G.S. 115C-12(23).G.S. 115C-407.57 and G.S. 115C-407.58.
27 The adoption of these rules shall not be delegated to an administering
28 organization.
29 (3) Penalty rules. – These rules shall establish a system of demerits for infractions
30 of student participation rules and gameplay rules which may result in
31 reprimands, probations, suspensions, forfeitures of contests, forfeitures of
32 titles, and disqualifications. disqualifications but shall not result in monetary
33 penalties of any kind. The State Board may by rule delegate the authority to
34 establish all or a portion of the penalty rules to an administering organization.
35 (4) Appeals rules. – These rules shall establish an appeals process that provides
36 due process to students, parents, and participating schools for enforcement of
37 rules that provides for rules. The adoption of these rules may not be delegated
38 to an administering organization. The rules shall require the following:
39 a. The Superintendent of Public Instruction shall appoint an independent
40 appeals board, notice board.
41 b. Notice of the infraction and the appeals process shall be provided to
42 the party that receives the penalty, and an penalty.
43 c. An opportunity to be heard before the independent appeals
44 board.board shall be given to the entity that receives the penalty.
45 d. A student and that student's parent shall be allowed to appeal a penalty
46 resulting from the application of any rule that restricts an individual
47 student from participating in a season, game, or series of games, and
48 shall be provided a written copy of the rule that is the basis for the
49 penalty.
50 (5) Administrative rules. – These rules shall govern classifications of schools into
51 divisions and conferences, administration of games, and requirements for

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1 coaching, officiating, sportsmanship, and scheduling of seasons. The State
2 Board may by rule delegate the authority to establish all or a portion of the
3 administrative rules to an administering organization.
4 (6) Gameplay rules. – These rules shall be adopted in accordance with the
5 requirements of the governing organization for each sport, including the
6 requirements of the National Federation of State High School Associations.
7 The State Board may by rule delegate the authority to establish all or a portion
8 of the gameplay rules to an administering organization.
9 (7) Fees. – These rules shall establish the fees and other amounts that may be
10 charged to a participating school for participation in interscholastic athletic
11 activities. The State Board may by rule delegate the authority to establish all
12 or a portion of the fees to an administering organization.The adoption of these
13 rules shall not be delegated to an administering organization.
14 (8) Administering organization rules. – These rules shall require that to be
15 designated as an administering organization, a nonprofit must enter into and
16 remain compliant with a memorandum of understanding with the State Board.
17 The adoption of these rules shall not be delegated to an administering
18 organization. The rules shall also require the following:
19 a. The State Board may, by majority vote, invalidate any rule or
20 regulation adopted by the administering organization.
21 b. The administering organization be audited annually by a reputable
22 independent auditing firm, engage in open meetings as set out in the
23 memorandum of understanding, and provide the State Board access to
24 records of the administering organization, including financial
25 information, annual audit reports, and any matters related to or
26 impacting participating schools.
27 c. The administrating organization shall enter into written agreements
28 with each participating school.
29 d. The memorandum of understanding shall incorporate by reference any
30 subsequent changes to rules or statutes made after the parties enter into
31 the memorandum.
32 (9) Reporting rules. – These rules shall establish a process for reporting issues or
33 concerns related to the administration of interscholastic athletic
34 activities.activities, including intimidation or harassment of the participating
35 school or its employees or students by an administering organization. The
36 adoption of these rules may not be delegated to an administering organization.
37 "Part 3. Memorandum of Understanding.
38 "§ 115C-407.60. Administration and enforcement of high school interscholastic athletic
39 activity rules.
40 (a) The State Board of Education Superintendent of Public Instruction may enter into a
41 memorandum of understanding for a term of four years with one or more nonprofit organizations
42 to administer and enforce the requirements of this Article and the rules adopted by the State
43 Board for interscholastic athletic activities at the high school level. A memorandum of
44 understanding shall include the requirements of G.S. 115C-407.61 and shall comply with the
45 requirements of this Article. If the State Board by rule delegates the authority to establish certain
46 rules to an administering organization, as provided in G.S. 115C-407.55, the administering
47 organization shall not be required to comply with the requirements of Chapter 150B of the
48 General Statutes in establishing those rules.
49 (a1) The State Auditor is authorized to conduct audits of any administering organization
50 in the same manner as for State agencies in accordance with Article 5A of Chapter 147 of the
51 General Statutes, if the State Auditor deems an audit necessary.

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 General Assembly Of North Carolina Session 2023
1 (b) If the State Board Superintendent is unable to enter into a memorandum of
2 understanding, the State Board shall assign the administration of high school interscholastic
3 athletic activities to the Department Superintendent of Public Instruction and establish fees
4 sufficient to support the administration of the program.
5 (c) An administering organization is a public body for the purposes of Article 33C of
6 Chapter 143 of the General Statutes.
7 "§ 115C-407.61. Memorandum of understanding requirements.
8 (a) If the Superintendent of Public Instruction enters into a memorandum of
9 understanding with a nonprofit organization as provided in G.S. 115C-407.60, the memorandum
10 shall require that organization to do the following in accordance with the requirements of this
11 Article to maintain the authority to administer and enforce the requirements for high school
12 interscholastic athletic activities:
13 (1) Apply, enforce, and administer all rules adopted by the State Board.
14 (2) If delegated by the State Board, adopt, apply, enforce, and administer
15 administrative rules, gameplay rules, and penalty rules. A rule shall not be
16 adopted by an administering organization until the organization has provided
17 for publication of the proposed rule on the organization's website and provided
18 the opportunity to the public for notice and comment on the rule. All adopted
19 rules shall be provided within 15 days to the Superintendent for review. If the
20 Superintendent determines that the rule adopted by an administering
21 organization is unenforceable, the Superintendent shall notify the State Board
22 and the administering organization shall not enforce the rule. Upon notice
23 from the Superintendent, the State Board may either require the administering
24 organization to revise the rule and resubmit it to the Superintendent or may
25 rescind the delegation of authority and adopt a rule by emergency rule.
26 (3) Make publicly available at no cost on the administering organization's website
27 the following:
28 a. The organization's handbook for participating schools.
29 b. All student participation rules.
30 c. All gameplay rules.
31 d. Information on the appeals process, including specific information on
32 how to make an appeal.
33 (4) Agree to adopt requirements for membership of the nonprofit board that
34 require equal representation on the board from each educational district
35 established as provided in G.S. 115C-65.
36 (5) Adopt an ethics policy that requires board members to avoid conflicts of
37 interest and the appearance of impropriety.
38 (6) Agree to adopt procedures for its operations that are comparable to those of
39 Chapter 132 of the General Statutes, the Public Records Law, and provide for
40 enforcement by the Superintendent. The procedures may provide for the
41 confidentiality of personnel files comparable to Article 7 of Chapter 126 of
42 the General Statutes.
43 (7) Apply the standards established by the federal Family Educational Rights and
44 Privacy Act, 20 U.S.C. § 1232g, to all student records containing personally
45 identifiable information in the possession of the administering organization.
46 The administering organization shall be authorized to display and share
47 student information designated by a participating school as directory
48 information unless the participating school indicates that a parent has opted
49 out of disclosure of that information. Other than directory information, all
50 student records containing personally identifiable information held by the
51 administering organization are not public records and should not be released

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1 under procedures adopted in accordance with subdivision (6) of this
2 subsection.
3 (8) Enter into contracts with participating schools as to the monetary requirements
4 for participation, including the payment of reasonable annual fees by
5 participating schools as needed to support the duties of the administering
6 association. Annual fees may vary based on the division to which the school
7 is assigned. All fees shall be in compliance with the State Board's fee rules.
8 (9) Agree to reduce annual fees to participating schools by a minimum of twenty
9 percent (20%) when the total fund balance for the administering organization
10 is two hundred fifty percent (250%) of the administering organization's total
11 expenses from the prior fiscal year. The administering organization may
12 increase annual fees to participating schools, consistent with the State Board's
13 rules on fees, when the total fund balance is one hundred fifty percent (150%)
14 of the organization's total expenses from the prior fiscal year.
15 (10) Agree to retain no more than thirty-three percent (33%) of the net proceeds of
16 any State tournament game.
17 (11) Agree to be audited annually by a reputable independent auditing firm and to
18 be audited by the State Auditor pursuant to Article 5A of Chapter 147 of the
19 General Statutes, if the State Auditor deems an audit necessary.
20 (12) Agree to not engage in any of the following activities:
21 a. Solicit grant funding and sponsorships from third-party organizations,
22 other than for State tournament games.
23 b. Provide grants to schools regulated by the administering organization.
24 c. Provide scholarships to players, except when funded by
25 donor-directed funds.
26 d. Designate the use of specific or preferred vendors or require the use of
27 any single-source or vendor specific contracts.
28 e. Retain a percentage of gate receipts for games other than State
29 tournament games.
30 f. Regulate or control the intellectual property of schools, including team
31 logos, mascots, and audio or video of any game other than the State
32 tournament games.
33 g. Restrict the recording of audio or video at a State tournament game by
34 any parent of a student participating in the game or any employee of
35 the school participating in the game.
36 h. Retain any portion of receipts collected from ticket sales, concessions,
37 or sale of merchandise by a participating school.
38 i. Retaliate against participating schools, or the employees or students of
39 those schools, for reporting to the administering organization, the State
40 Board, or any other government entity on any of the following topics.
41 For the purposes of this sub-subdivision, "retaliate" does not include
42 the application of a penalty rule that is appealable to an independent
43 appeals board.
44 1. Violations of laws or rules.
45 2. Fraud.
46 3. Misappropriation of resources.
47 4. Substantial and specific danger to student or employee health
48 and safety.
49 5. Gross mismanagement or abuse of authority.

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1 j. Prohibit or restrict a participating school from scheduling a
2 nonconference game during the regular season or take any portion of
3 ticket seasons from those games.
4 (13) Report annually by December 1 to the Superintendent of Public Instruction
5 and the State Board of Education on the following:
6 a. Activities during the prior school year and recommendations and
7 findings regarding improvement of high school interscholastic
8 athletics.
9 b. A copy of both the most recent annual audit conducted by the
10 independent auditing firm and any audit conducted by the State
11 Auditor.
12 c. A schedule of current fees charged to participating schools.
13 d. The amount of fees and gate receipts collected.
14 e. The current fund balance for the administering organization.
15 (b) The Superintendent may terminate any memorandum of understanding for
16 noncompliance with this Article or the terms of the memorandum of understanding. In the event
17 of termination of a memorandum of understanding, the nonprofit organization shall return to each
18 participating school a pro rata share of the funds paid by that school for the year as provided in
19 the participating school's contract with the organization.
20 "Part 4. Public School Unit Conduct of Interscholastic Athletic Activities.
21 "§ 115C-407.65. Conduct of high school interscholastic athletic activities by public school
22 units.
23 (a) All public school units with participating schools shall conduct high school
24 interscholastic athletic activities in accordance with the rules adopted by the State Board of
25 Education and as administered and enforced by either an administering organization that is in
26 compliance with the memorandum of understanding or the Department Superintendent of Public
27 Instruction. Public school units shall not be regulated by any other entities for regular and
28 postseason high school interscholastic athletics.
29 (b) Participating schools shall purchase catastrophic insurance for high school
30 interscholastic athletic activities as provided in Part 2 of Article 31A of Chapter 58 of the General
31 Statutes.
32 "§ 115C-407.70. Middle school interscholastic athletic activities.
33 (a) The State Board of Education shall adopt rules governing middle school
34 interscholastic athletic activities conducted by public school units consistent with the
35 requirements of G.S.115C-407.55 for student participation rules, student health and safety rules,
36 penalty rules, appeals rules, administrative rules, gameplay rules, fee rules, and reporting rules.
37 (b) The rules adopted by the State Board of Education for interscholastic athletic
38 activities at the middle school level shall be administered by the Superintendent of Public
39 Instruction.
40 (c) All public school units with schools that participate in middle school interscholastic
41 athletics shall conduct middle school interscholastic athletic activities in accordance with the
42 rules adopted by the State Board of Education and as administered and enforced by the
43 Superintendent of Public Instruction.
44 "Part 5. Public School Unit Reports.
45 "§ 115C-407.75. Public school units annual interscholastic athletic reports.
46 (a) Each public school unit with one or more participating schools shall annually report
47 by June 15 the following information to the Superintendent of Public Instruction and the State
48 Board of Education:
49 (1) The total dollar amount spent on interscholastic athletic activities, by the
50 following categories:
51 a. Administering association fees.

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1 b. Salaries or stipends for coaches and faculties for duties associated
2 solely with interscholastic athletics.
3 c. Capital costs, including new construction, repair and renovation, and
4 maintenance costs for existing athletic facilities.
5 d. Uniform and equipment costs.
6 e. Travel and transportation costs.
7 f. Officiating costs.
8 g. Other identified costs.
9 (2) The total dollar amount received from interscholastic athletic activities,
10 including funds held in special funds of individual schools, by the following
11 categories:
12 a. Gate receipts.
13 b. Concession sales.
14 c. Merchandise sales or sales of items directly related to interscholastic
15 athletics, including apparel and audiovisual materials.
16 d. Student fees.
17 e. Monetary and in-kind contributions from third-party organizations.
18 f. State or local funding expended on capital costs for athletic facilities.
19 g. Other identified sources of funds.
20 (b) The Superintendent of Public Instruction shall provide a summary of the reports by
21 public school units and a copy of each public school unit report to the Joint Legislative Education
22 Oversight Committee no later than October 15 annually."
23 SECTION 1.(b) G.S. 143-318.10(b) reads as rewritten:
24 "(b) As used in this Article, "public body" means any elected or appointed authority,
25 board, commission, committee, council, or other body of the State, or of one or more counties,
26 cities, school administrative units, constituent institutions of The University of North Carolina,
27 or other political subdivisions or public corporations in the State that (i) is composed of two or
28 more members and (ii) exercises or is authorized to exercise a legislative, policy-making,
29 quasi-judicial, administrative, or advisory function. In addition, "public body" means the means
30 the following:
31 (1) The governing board of a "public hospital" as defined in G.S. 159-39 and the
32 G.S. 159-39.
33 (2) The governing board of any nonprofit corporation to which a hospital facility
34 has been sold or conveyed pursuant to G.S. 131E-8, any subsidiary of such
35 nonprofit corporation, and any nonprofit corporation owning the corporation
36 to which the hospital facility has been sold or conveyed.
37 (3) An administering organization as defined in G.S. 115C-407.50(1)."
38 SECTION 1.(c) In accordance with the requirement that the memorandum of
39 understanding incorporate by reference subsequent changes to statutes made after the parties
40 enter into the memorandum of understanding, the Superintendent of Public Instruction shall be
41 substituted for the State Board of Education in any memorandum of understanding existing as of
42 the date this act becomes law.
43
44 PART II. RECODIFICATION AND REORGANIZATION OF CURRENT
45 INTERSCHOLASTIC ATHLETICS STATUTES
46 SECTION 2.(a) G.S. 115C-12(23) reads as rewritten:
47 "(23) Power to Adopt Rules for Interscholastic Athletic Activities. – The State
48 Board of Education shall adopt rules governing interscholastic athletic
49 activities conducted by local boards of education, public school units,
50 including eligibility for student participation, in accordance with this

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 General Assembly Of North Carolina Session 2023
1 subdivision and Article 29E of this Chapter. With regard to middle schools
2 and high schools, the rules shall provide for the following:
3 a. All coaches, school nurses, athletic directors, first responders,
4 volunteers, students who participate in interscholastic athletic
5 activities, and the parents of those students shall receive, on an annual
6 basis, a concussion and head injury information sheet. School
7 employees, first responders, volunteers, and students must sign the
8 sheet and return it to the coach before they can participate in
9 interscholastic athletic activities, including tryouts, practices, or
10 competition. Parents must sign the sheet and return it to the coach
11 before their children can participate in any such interscholastic athletic
12 activities. The signed sheets shall be maintained in accordance with
13 sub-subdivision d. of this subdivision.
14 For the purpose of this subdivision, a concussion is a traumatic
15 brain injury caused by a direct or indirect impact to the head that
16 results in disruption of normal brain function, which may or may not
17 result in loss of consciousness.
18 b. If a student participating in an interscholastic athletic activity exhibits
19 signs or symptoms consistent with concussion, the student shall be
20 removed from the activity at that time and shall not be allowed to
21 return to play or practice that day. The student shall not return to play
22 or practice on a subsequent day until the student is evaluated by and
23 receives written clearance for such participation from (i) a physician
24 licensed under Article 1 of Chapter 90 of the General Statutes with
25 training in concussion management, (ii) a neuropsychologist licensed
26 under Article 18A of Chapter 90 of the General Statutes with training
27 in concussion management and working in consultation with a
28 physician licensed under Article 1 of Chapter 90 of the General
29 Statutes, (iii) an athletic trainer licensed under Article 34 of Chapter
30 90 of the General Statutes, (iv) a physician assistant, consistent with
31 the limitations of G.S. 90-18.1, or (v) a nurse practitioner, consistent
32 with the limitations of G.S. 90-18.2.
33 c. Each school shall develop a venue specific emergency action plan to
34 deal with serious injuries and acute medical conditions in which the
35 condition of the patient may deteriorate rapidly. The plan shall include
36 a delineation of roles, methods of communication, available
37 emergency equipment, and access to and plan for emergency transport.
38 This plan must be (i) in writing, (ii) reviewed by an athletic trainer
39 licensed in North Carolina, (iii) approved by the principal of the
40 school, (iv) distributed to all appropriate personnel, (v) posted
41 conspicuously at all venues, and (vi) reviewed and rehearsed annually
42 by all licensed athletic trainers, first responders, coaches, school
43 nurses, athletic directors, and volunteers for interscholastic athletic
44 activities.
45 d. Each school shall maintain complete and accurate records of its
46 compliance with the requirements of this subdivision pertaining to
47 head injuries."
48 SECTION 2.(b) 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-407.57. Rules on concussions and head injuries.

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1 (a) For the purpose of this section, a concussion is a traumatic brain injury caused by a
2 direct or indirect impact to the head that results in disruption of normal brain function which may
3 or may not result in loss of consciousness.
4 (b) With regard to middle schools and high schools, the State Board of Education shall
5 adopt rules that provide for the following:
6 (1) All coaches, school nurses, athletic directors, first responders, volunteers,
7 students who participate in interscholastic athletic activities, and the parents
8 of those students shall receive, on an annual basis, a concussion and head
9 injury information sheet. School employees, first responders, volunteers, and
10 students must sign the sheet and return it to the coach before they can
11 participate in interscholastic athletic activities, including tryouts, practices, or
12 competition. Parents must sign the sheet and return it to the coach before their
13 children can participate in any such interscholastic athletic activities. The
14 signed sheets shall be maintained in accordance with subsection (c) of this
15 section.
16 (2) If a student participating in an interscholastic athletic activity exhibits signs
17 or symptoms consistent with a concussion, the student shall be removed from
18 the activity at that time and shall not be allowed to return to play or practice
19 that day. The student shall not return to play or practice on a subsequent day
20 until the student is evaluated by and receives written clearance for such
21 participation from one of the following:
22 a. A physician licensed under Article 1 of Chapter 90 of the General
23 Statutes with training in concussion management.
24 b. A neuropsychologist licensed under Article 18A of Chapter 90 of the
25 General Statutes with training in concussion management and working
26 in consultation with a physician licensed under Article 1 of Chapter 90
27 of the General Statutes.
28 c. An athletic trainer licensed under Article 34 of Chapter 90 of the
29 General Statutes.
30 d. A physician assistant, consistent with the limitations of G.S. 90-18.1.
31 e. A nurse practitioner, consistent with the limitations of G.S. 90-18.2.
32 (c) Each middle and high school shall maintain complete and accurate records of its
33 compliance with the requirements of this section."
34 SECTION 2.(c) Part 2 of Article 29E of Chapter 115C of the General Statutes, as
35 enacted by this act, is amended by adding a new section to read:
36 "§ 115C-407.58. Emergency action plans.
37 (a) With regard to middle schools and high schools, the State Board of Education shall
38 adopt a rule that requires each school to develop a venue-specific emergency action plan to deal
39 with serious injuries and acute medical conditions in which the condition of the patient may
40 deteriorate rapidly. The plan shall include a delineation of roles, methods of communication,
41 available emergency equipment, and access to and plan for emergency transport.
42 (b) The rule required by subsection (a) of this section shall require the plan to be at least
43 the following:
44 (1) In writing.
45 (2) Reviewed by an athletic trainer licensed in North Carolina.
46 (3) Approved by the principal of the school.
47 (4) Distributed to all appropriate personnel.
48 (5) Posted conspicuously at all venues.
49 (6) Reviewed and rehearsed annually by all licensed athletic trainers, first
50 responders, coaches, school nurses, athletic directors, and volunteers for
51 interscholastic athletic activities."

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1
2 PART III. IMPLEMENTATION
3 SECTION 3.(a) The State Board of Education shall review and adopt new or revised
4 emergency rules on interscholastic athletics for use in the 2023-2024 school year in accordance
5 with the requirements of Article 29E of Chapter 115C of the General Statutes, as enacted by this
6 act, no later than August 1, 2023. Notwithstanding G.S. 150B-21.1A, no findings of need shall
7 be required for an emergency rule adopted for the 2023-2024 school year, an emergency rule
8 adopted as provided in this subsection shall be effective until June 30, 2024, and the State Board
9 of Education shall not be required to adopt temporary rules to replace an emergency rule for use
10 in the 2023-2024 school year. The State Board shall submit all emergency rules in accordance
11 with the requirements in 26 NCAC 02C.
12 SECTION 3.(b) The State Board of Education shall adopt new or revised permanent
13 rules for use beginning with the 2024-2025 school year and thereafter.
14 SECTION 3.(c) The Superintendent of Public Instruction, in consultation with any
15 administering organization, shall study and make findings and recommendations on the
16 following issues and report on its findings and recommendations to the Joint Legislative
17 Education Oversight Committee by April 1, 2024:
18 (1) Whether an administering organization should be responsible for overseeing
19 the conduct of middle school interscholastic athletics for public school units.
20 The Superintendent shall include in the deliberations an examination of the
21 potential costs to public school units for oversight of middle school
22 interscholastic athletics by an administering organization. The Superintendent
23 shall establish workgroups of athletic directors, principals, and coaches
24 employed by schools serving students in grades six through eight and parents
25 of students in grades six through eight to provide input on this
26 recommendation.
27 (2) Factors that should be considered in (i) home school students' participation in
28 interscholastic athletics, including how to address insurance and liability
29 issues for those students while participating in interscholastic athletics, (ii)
30 cooperative innovative high school students' participation in interscholastic
31 athletics, and (iii) nonpublic schools. The Superintendent shall establish
32 workgroups of athletic directors, principals, and parents of students in home
33 schools, cooperative innovative high schools, and nonpublic schools to
34 provide input on this recommendation.
35 SECTION 3.(d) Notwithstanding the requirements of G.S. 115C-407.75, as enacted
36 by this act, all public school units shall submit the first annual interscholastic athletic report to
37 the Superintendent of Public Instruction and the State Board of Education no later than July 15,
38 2024, and shall include data from the 2019-2020, 2020-2021, 2021-2022, 2022-2023, and
39 2023-2024 school years.
40 SECTION 3.(e) This act is effective when it becomes law. Sections 1 and 2 of this
41 act apply beginning with the 2023-2024 school year and thereafter.

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