CHCCS Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1043

Short Title: CHCCS Act. (Public)
Sponsors: Representatives B. Jones, Miller, Balkcom, and N. Jackson (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Education - K-12, if favorable, Rules, Calendar, and Operations of the House
April 27, 2026
*H1043-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND PUBLIC SCHOOL UNIT REQUIREMENTS REGARDING CERTAIN 2
PARENTAL RIGHTS, TO PROVIDE FOR CERTAIN REMEDIES AND COMPLIANCE 3
ACTIONS FOR VIOLATIO NS OF ARTICLE 7B OF CHAPTER 115C OF THE 4
GENERAL STATUTES, TO PROVIDE FOR GENERAL ASSEMBLY ACCESS TO 5
SCHOOL PERSONNEL REC ORDS, TO ADD A RESPO NSIBILITY FOR THE ST ATE 6
AUDITOR TO CONDUCT I NVESTIGATIONS INTO V IOLATIONS OF ARTICLE 7B 7
OF CHAPTER 115C OF T HE GENERAL STATUTES BY PUBLIC SCHOOL UNI TS, 8
AND TO APPROPRIATE FUNDS FOR THOSE PURPOSES. 9
The General Assembly of North Carolina enacts: 10
11
PART I. TITLE 12
SECTION 1. This act shall be known and may be cited as the Curriculum Honesty, 13
Compliance, and Child Safety (CHCCS) Act. 14
15
PART II. AMEND PUBLIC SCHOOL UNIT REQUIREMENTS 16
SECTION 2.1. G.S. 115C-76.25(a) is amended by adding the following new 17
subdivisions to read: 18
"(13) The right to consent to official changes to their child 's name, gender 19
designation, or identity within school records. The school shall not change 20
these without first receiving consent from a parent. 21
(14) The right to access the educational records , as defined in 20 U.S.C. § 1232g, 22
of their child. These include counseling records, intervention records, 23
behavioral and support plans, and communications with third parties 24
regarding the student." 25
SECTION 2.2. G.S. 115C-76.45(a) reads as rewritten: 26
"(a) The governing body of a public school unit shall adopt procedures to notify a parent 27
of the following: 28
(1) At the beginning of each school year, notice of each health care service offered 29
at his or her child's school and the means for the parent to provide consent for 30
any specific service. A parent's consent to a health care service does not waive 31
the parent's right to access his or her child's educational records or health 32
records or to be notified of changes in his or her child's services or monitoring. 33
(2) At the beginning of each school year, procedures to exercise the parental 34
remedies provided by G.S. 115C-76.60. 35
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(3) Prior to administration to students in kindergarten through third grade, a copy 1
of any student well -being questionnaire or health screening form and the 2
means for the parent to consent to the use of the questionnaire or form for his 3
or her child. 4
(4) Prior to or contemporaneous with changes, notice of changes in services o r 5
monitoring related to his or her child's mental, emotional, or physical health 6
or well-being and the school's ability to provide a safe and supportive learning 7
environment for that child. 8
(5) Prior to any changes in the name or pronoun used for a student in school 9
records or by school personnel, notice to the parent of the change.change and 10
receive parental consent for the change pursuant to G.S. 115C-76.25(a)(13). 11
The following are examples of changes in name use by school personnel: 12
a. Teacher or administrator, by request of the student, calls a student by 13
a name other than the student's first or middle name. 14
b. Teacher or administrator us es a name other than the student 's first or 15
middle name on any certificate, award, or other document. 16
(6) Prior to the school taking action involving sensitive matters related to the 17
child, schools shall provide written notice to parents of the sens itive matter. 18
The following is a nonexhaustive list of sensitive matters related to a child: 19
a. The child receiving counseling services related to the student 's 20
sexuality or gender identity. 21
b. Referral to outside service providers related to the following: 22
1. Mental health of the student. 23
2. Emotional well-being of the student. 24
3. Sexuality or gender identity of the student. 25
c. Classroom or school-wide discussions regarding gender identity." 26
SECTION 2.3. G.S. 115C-76.55 reads as rewritten: 27
"§ 115C-76.55. Age-appropriate instruction for grades kindergarten through fourth grade. 28
Instruction on gender identity, sexual activity, or sexuality shall not be included in the 29
curriculum provided in grades kindergarten through fourth grade, regardless of whether the 30
information is provided by school personnel or third parties. For the purp oses of this section, 31
curriculum includes (i) the standard course of study and support materials, (ii) locally developed 32
curriculum, (iii) supplemental instruction, (iv) any electronic, print, or non -print resources for 33
independent use by students and school personnel and not used as part of the standard course of 34
study for any grade or course, and (v) textbooks and other supplementary materials, but does not 35
include responses to student -initiated questions. Teachers teaching students in kindergarten 36
through fourth grade shall not use any third -party resources for instruction , including 37
instructional materials, supplementary materials, or websites, except those provided by the public 38
school unit." 39
40
PART III. REMEDIES A ND COMPLIANCE ACTION S FOR VIOLATIONS OF 41
ARTICLE 7B OF CHAPTER 115C OF THE GENERAL STATUTES 42
SECTION 3.1. Article 7B of Chapter 115C of the General Statutes is amended by 43
adding a new Part to read: 44
"Part 2. Legal Remedies. 45
"§ 115C-76.10. Remedies for violations of this Part. 46
(a) Civil Remedies. – In addition to any other remedies or procedures provided by law, 47
for any violation of this Article, a parent may bring a cause of action against the public school 48
unit for any of the following forms of relief: 49
(1) Declaratory relief. 50
(2) Injunctive relief. 51
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House Bill 1043-First Edition Page 3
(3) Damages of five thousand dollars ($5,000) per violation. 1
(4) Reasonable attorneys' fees and costs. 2
(5) Any other appropriate relief as determined by the court. 3
(b) Exhaustion of Administrative Remedies. – Prior to filing a legal challenge pursuant 4
to subsection (a) of this section, a parent shall exhaust all administrative remedies available 5
pursuant to this Chapter." 6
SECTION 3.2.(a) Article 7B of Chapter 115C of the General Statutes is amended 7
by adding a new Part to read: 8
"Part 10. Investigative Authority and Public School Unit Accountability. 9
"§ 115C-76.150. Authority to investigate violations of this Article. 10
(a) The following entities may conduct independent investigations in to noncompliance 11
with this Article: 12
(1) The Department of Public Instruction. 13
(2) The Office of the State Auditor. 14
(b) An entity referenced in subsection (a) of this section may perform any of the following 15
functions as part of an independent investigation pursuant to subsection (a) of this section: 16
(1) Conduct audits. 17
(2) Review public school unit policies and records , not including student 18
information protected pursuant to the Family Educational Rights and Privacy 19
Act (FERPA), 20 U.S.C. § 1232g. 20
(3) Interview personnel employed by the public school unit, including 21
contractors, temporary, or interim employees. 22
(4) Issue formal findings of noncompliance with this Article. 23
(c) A formal f inding by an entity referenced in subsection (a) of this section of 24
noncompliance with this Article trigger s the accountability measures provided in 25
G.S. 115C-76.155. Concurrence by another entity referenced in subsection (a) of this section is 26
not required. 27
"§ 115C-76.155. Public school unit accountability measures. 28
Upon a formal finding by an entity referenced in subsection (a) of G.S. 115C-76.150 of 29
noncompliance with this Article by a public school unit, the following shall occur: 30
(1) The entity that issued the formal finding of nonco mpliance shall issue notice 31
to the following entities: 32
a. The noncompliant public school unit. 33
b. Each other entity referenced in subsection (a) of G.S. 115C-76.150. 34
c. The State Board of Education. 35
d. The Joint Legislative Education Oversight Committee. 36
e. The Joint Legislative Commission on Governmental Operations. 37
(2) The noncompliant public school unit has a cure period of 45 days from the 38
date that the formal finding of noncompliance is received by the noncompliant 39
public school unit during which the public school unit shall take steps to cure 40
its noncomplianc e, as stated in the formal finding issued pursuant to 41
G.S. 115C-76.150. The State Auditor may grant a single 30-day extension to 42
the cure period upon submission by the public school unit of evidence of 43
substantial progress toward a cure of the noncompliance to the State Auditor. 44
For purposes of this section, "cure" means submitting documented evidence 45
demonstrating corrective action for each instance of noncompliance found 46
during investigations conducted pursuant to G.S. 115C-76.150. The following 47
is a nonexhaustive list of types of evidence that may be submitted to the State 48
Auditor as proof of cure: 49
a. Revised public school unit policies that correct any policies that are 50
noncompliant with this Article. 51
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b. Resolutions or minutes adopted by the governing body of a public 1
school unit showing it has corrected all instances of noncompliance 2
with this Article. 3
c. Updated public-facing materials that are compliant with this Article. 4
d. Training records that show faculty and staff have been trained in a 5
manner compliant with this Article. 6
e. Evidence of the removal of any of the following that are noncompliant 7
with this Article: 8
1. Support material. 9
2. Locally developed curriculum. 10
3. Supplemental instruction. 11
4. Electronic, print, or non-print resource for independent use by 12
students and school personnel and not used as part of the 13
standard course of study for any grade or course, whether held 14
in a formal school library or in a classroom. 15
5. Textbook or other supplementary material. 16
f. Affidavit submitted under penalty of perjury by the superintendent that 17
all actions listed in this subdivision have been completed. 18
(3) The State Auditor shall review any evidence of cure submitted pursuant to 19
subdivision (2) of this section within 30 days of receip t. The State Auditor 20
shall make a determination as to whether a noncompliant public school unit 21
has made sufficient changes to comply with this Article based on any evidence 22
of cure submitted by the public school unit . If a public school unit does not 23
submit evidence of cure prior to the end of the cure period, the S tate Auditor 24
shall issue a determination that the public school unit has not made sufficient 25
changes to be compliant with this Article. A determination that the public 26
school unit has not made sufficient changes to be compliant with this Article 27
by the end of the cure period pursuant to subdivision ( 2) of this section shall 28
lead to the wi thholding of State funds pursuant to subdivision ( 4) of this 29
section. The State Auditor shall send notice of the determination to the 30
following entities: 31
a. The Department of Public Instruction. 32
b. The Joint Legislative Education Oversight Committee. 33
c. The Joint Legislative Commission on Governmental Operations. 34
d. If the noncompliant public school unit is a local school administrative 35
unit, regional school, or laboratory school, the superintendent of the 36
public school unit, as defined in G.S. 115C-76.1. 37
e. If the noncompliant public school unit is a residential school, the 38
superintendent of the residential school, as defined in G.S. 115C-76.1, 39
and the Director of the Budget. 40
(4) Beginning with the end of the cure period, upon a determ ination by the State 41
Auditor that a noncompliant public school unit has not made sufficient 42
changes to be compliant with this Article, the entity responsible for allocating 43
funds to the public school unit shall withhold from the noncompliant public 44
school unit funding , or assess administrative penalties equivalent to the 45
amount to be withheld, until the State Auditor determines that the public 46
school unit is no longer noncompliant and provides notice to the entity . 47
Funding shall be withheld as follows: 48
a. For a local school administrative unit, funds from the central office 49
administration allotment. 50
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b. For a charter school, regional school, or laboratory school, an amount 1
equal to the per pupil equivalent of the central office administration 2
allotment allocated to the school from the local school administrative 3
unit in which the charter school, regional school, or laboratory school 4
is located for each child enrolled in the charter school, regional school, 5
or laboratory school. 6
c. For a residential school opera ting under Article 9C of this Chapter, 7
upon receipt of notice from the State Board that a residential school is 8
noncompliant with this Article pursuant to subdivision ( 3) of this 9
section, the Director of the Budget shall withhold from the residential 10
school the percentage of funds allocated to the residential school 11
equivalent to the percentage of State funds received by the local school 12
administrative unit where the residential school is located from the 13
central office administration allotment when compared to the total 14
amount of State funds received by the local school administrative unit 15
where the residential school is located. 16
(5) A public sc hool unit may continue to submit evidence of cure to the State 17
Auditor to show sufficient changes to be compliant with this Article beyond 18
the cure period. The State Auditor shall continue to evaluate evidence of cure 19
submitted by a public school unit until the State Auditor makes a 20
determination that the public school unit is compliant with this Article. 21
(6) Upon a determination by the State Auditor that a noncompliant public school 22
unit has made suffi cient changes to be compliant with this Article after the 23
end of the cure period , any funds withheld shall be released to the public 24
school unit and any administrative penalties assessed shall be forgiven." 25
SECTION 3.2.(b) G.S. 115C-218.105(a2) reads as rewritten: 26
"(a2) The State Board shall withhold or reduce distribution of funds to a charter school if 27
any of the following applies: 28
… 29
(4) An entity submits a formal finding of noncompliance with Article 7B of this 30
Chapter by the charter school pursuant to G.S. 115C-76.150 and the charter 31
school does not provide sufficient evidence of cure to the State Auditor during 32
the cure period pursuant to G.S. 115C-76.155(2) resulting in the State Auditor 33
determining that the charter school is noncompliant pursuant to 34
G.S. 115C-76.155(3)." 35
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PART IV. GENERAL ASSEMBLY ACCESS TO SCHOOL PERSONNEL RECORDS 37
SECTION 4. G.S. 115C-321(a) reads as rewritten: 38
"§ 115C-321. Confidential information in personnel files; access to information. 39
(a) All information contained in a personnel file, except as otherwise provided in this 40
Chapter, is confidential and shall not be open for inspection and examination except to any of the 41
following persons: 42
… 43
(7) The General Assembly or any committee of the General Assembly upon 44
issuance of a subpoena by the General Assembly or any committee of the 45
General Assembly for the personnel file." 46
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PART V. RESPONSIBILITIES OF STATE AUDITOR 48
SECTION 5. G.S. 147-64.6(c) is amended by adding the following new subdivisions 49
to read: 50
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"(25) The Auditor may make independent investigations of public school units for 1
compliance with Article 7B of Chapter 115C of the General Statutes pursuant 2
to G.S. 115C-76.150. 3
(26) The Auditor shall perform the duties required by G.S. 115C-76.155." 4
5
PART VI. APPROPRIATIONS 6
SECTION 6. There is appropriated from the General Fund to the Department of 7
Public Instruction the sum of ten thousand dollars ($10,000) in nonrecurring funds for the 8
2026-2027 fiscal year to implement the provisions of this act. 9
10
PART VII. EFFECTIVE DATE 11
SECTION 7. This act becomes effective July 1, 2026. 12