Bill
HB 1043
HB 1043 strengthens parental access and consent over student records and health services, requires annual notices, and sets state-level remedies and audits for noncompliance.
Purpose
- The CHCCS Act stands to strengthen parental rights, increase oversight and remedies related to Article 7B of Chapter 115C, expand general Assembly access to school records, and designate investigative responsibilities for the State Auditor. It also authorizes funding to implement these changes.
Key Provisions and Changes
1) Parental Rights and Student Records (Part II)
- G.S. 115C-76.25(a) additions:
- (13) Right to consent to official changes to a child’s name, gender designation, or identity in school records; schools may not change these without parental consent.
- (14) Right to access the child’s educational records (as defined by FERPA), including counseling, intervention, behavioral/support plans, and communications with third parties.
- G.S. 115C-76.45(a) rewritten to require annual notices to parents, including:
- (1) Availability of health care services and consent procedures; noting that parental consent for services does not waive rights to access records.
- (2) Procedures to exercise parental remedies (G.S. 115C-76.60).
- (3) Pre-service notice for well-being questionnaires or health screenings for K–3.
- (4) Notice of changes in services/monitoring related to health or well-being.
- (5) Notice and parental consent requirements for changes in the name/pronoun used in records.
- (6) Written notice prior to action on sensitive matters (examples include counseling related to sexuality or gender identity, referrals for mental health or related services, and discussions on gender identity).
- G.S. 115C-76.55 (Age-appropriate instruction for K–4):
- Prohibits instruction on gender identity, sexuality, or sexual activity for K–4. Includes broad definition of curriculum and restricts third-party resources for instruction in this age range; teachers must use materials provided by the public school unit.
2) Remedies and Compliance Actions for Violations (Part III)
- New remedies for violations of Article 7B:
- Civil remedies include declaratory relief, injunctive relief, damages of $5,000 per violation, attorneys’ fees, and other court-ordered relief.
- Exhaustion of administrative remedies required before filing legal action.
- Investigative authority and accountability:
- New Part 10 designates the Department of Public Instruction and the Office of the State Auditor to conduct independent investigations into noncompliance (G.S. 115C-76.150).
- Investigations may include audits, policy/record reviews (excluding FERPA-protected student data), interviews, and issuing formal findings of noncompliance (G.S. 115C-76.150).
- Upon a finding of noncompliance, specific accountability measures apply (G.S. 115C-76.155), including:
- Notice to the noncompliant unit, other relevant entities, State Board of Education, and legislative committees.
- Cure period of 45 days (with a possible 30-day extension for substantial progress).
- Demonstration of cure through documented evidence (policies, minutes, updated materials, training records, removal of noncompliant materials, affidavits).
- The State Auditor reviews cure evidence within 30 days and determines sufficiency. If insufficient, funds can be withheld from the unit (various state funding streams specified for LSSUs, charter/regional/lab schools, and residential schools).
- If cure is achieved post-cure period, withheld funds may be released and penalties forgiven.
- Funding implications (Part III, 6): State funds may be withheld or penalties imposed until compliance is achieved.
3) General Assembly Access to Records (Part IV)
- Amends G.S. 115C-321(a) to allow the General Assembly or its committees to access personnel files upon subpoena.
4) State Auditor Responsibilities (Part V)
- Adds explicit duties for the State Auditor to conduct independent investigations under Article 7B and perform duties related to cure determinations.
5) Appropriations and Effective Date (Parts VI–VII)
- Appropriates $10,000 (nonrecurring) in FY 2026–2027 for implementing the act.
- Effective date: July 1, 2026.
Affected Parties
- Public school units (districts, charter schools, regional/lab schools, residential schools) and their students, parents, and staff.
- The Department of Public Instruction and the State Auditor.
- Legislative bodies with access to personnel records.
Notes
- The bill places emphasis on parental involvement and oversight of student records and health-related services, introduces formal remedies for noncompliance, and expands state-level accountability and transparency measures.
Compiled from official sources — confirm details with the bill’s official record.
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