House Overrides Veto Of Opportunity Scholarships Funding, ICE Bill

By Katherine Zehnder
Carolina Journal

On Tuesday, the North Carolina House voted 72-44 to override Gov. Roy Cooper’s veto of House Bill 10, a bill that will provide funds to clear the waiting list for the Opportunity Scholarship Program, require North Carolina sheriffs to cooperate with US Immigration and Customs Enforcement (ICE) and make other budget adjustments. 

HB10 was passed by the North Carolina General Assembly in September and was then vetoed by Governor Roy Cooper.  

“Once again, we are back having this debate over Opportunity Scholarships; the other side likes to call it vouchers intentionally. But this is about opportunities, opportunities for all children, all across North Carolina,” said Rep Tricia Cotham, R-Mecklenburg, on the House floor Tuesday. “This program is about children. It’s about families being able to pick what is best for their children. We do not need to set up a false choice between hurricane funding, public school funding, and funding for the opportunity scholarship program.” 

HB10 allocates more than $463 million to fully fund Opportunity Scholarships. This includes $248 million in nonrecurring funds for the current school year. The other half is $215.15 million in recurring funds for the scholarship awards for the 2026 fiscal year. Roughly 55,000 students are waiting on Opportunity Scholarships, which are state-funded vouchers to families for private education. These families were left hanging earlier this summer when the General Assembly failed to fully fund the program. In February, 72,000 applications were received for the scholarship, a record-breaking number. 

In addition, HB10 contains $24.7 million in recurring funds allocated to clear the Education Savings Accounts (ESAs) waitlist. An additional 2015 students are on the waitlist for the ESA+ program, designed for students with special needs. The bill also has $64 million in recurring funds for community college enrollment growth and $95 million in recurring funds for K-12 enrollment growth for public schools. 

“This is about putting children first,” said Cotham. “It is unfortunate what we have seen for the last two years with this legislation, the political posturing at the executive level, all the way here, and it’s wrong and it’s shameful. We are talking about children; we are talking about families. We are not saying that this is all for wealthy children; that is factually inaccurate.”

In the lead-up to Tuesday’s vote, Cooper issued a public statement calling for the legislature to spend the Opportunity Scholarship funding on Hurricane Helene relief, implying that it was an “either/or” decision. The move was meant with criticism.

“We need to stop the political posturing,” Cotham continued. “Stop trying to manipulate the constituents and give false information repeatedly. We should not try to set up a war on public schools, school choice, and charter schools; they can all work together. It is not an either-or situation. It is shameful for our governor to try and set up a fight between hurricane victim relief and children; they are not the same.” 

“Rather than fostering collaboration, Cooper continues to complicate matters, issuing misleading statements to the public and press that present false policy choices and misrepresent the General Assembly’s priorities,” wrote Donald Bryson, CEO of the John Locke Foundation in a Tuesday op-ed. “His rhetoric undermines constructive dialogue and spreads confusion about the state’s fiscal capabilities and strategic planning.”

Over the last decade, the Republican-led General Assembly has prioritized policies of lowering taxes and building up the state’s savings reserves in the “Rainy Day Fund,” now at more than $5 billion.

“In reality, the state can — and should — do both, making his framing unnecessary and disingenuous,” remarked Bryson. “Contrary to Cooper’s claims, the General Assembly has a long history of funding disaster relief generously and consistently. The legislature’s approach does not reflect a lack of concern but rather a commitment to fiscal responsibility. With ample reserves in place, legislators have demonstrated that they are prepared to assist swiftly and efficiently when emergencies arise, without sacrificing critical programs like the Opportunity Scholarship initiative.”

HB10 would also require sheriffs to cooperate with ICE by notifying them 48 hours before the release of illegal aliens who are charged with violent crimes before releasing them back into the community. This measure only applies to those charged with violent crimes or violent misdemeanors, not minor infractions such as driving without a license. 

The House also voted to override Cooper’s veto of SB 445 and to adopt HR 1076.

The Senate is expected to vote to override HB10 on Wednesday afternoon.

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