GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

SESSION LAW 2012-179

SENATE BILL 755

AN ACT to enact the equal access act.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  This act shall be known as the Equal Access Act.

SECTION 1.(b)  Article 22 of Subchapter V of Chapter 115C of the General Statutes is amended by adding a new Part to read:

"Part 9. Equal Access Act.

"§ 115C-335.9.  Equal access for all education employee associations.

(a) As used in this section, the following definitions apply:

(1) "Education employee association" includes teacher associations, teacher organizations, and classified education employees' associations.

(2) "School" means a charter school or a school operated by a local school administrative unit, the State Board of Education, or a State agency.

(b) It is the intent of the General Assembly that all education employee associations have equal access to employees at schools and that schools not favor nor endorse an education employee association; therefore, neither a local school administrative unit nor a school shall do any of the following:

(1) Grant access to employees' physical or electronic mailboxes to an education employee association unless it gives such access to all education employee associations operating in the local school administrative unit.

(2) Permit an education employee association to attend new teacher or employee orientations to recruit members unless it permits all education employee associations operating in the local school administrative unit to attend.

(3) Give an education employee association preferential treatment through procedures, policies, or any other means. This subdivision does not authorize any payroll deduction for any association unless authorized by law for that association.

(4) Endorse one education employee association over another.

(5) Refer to days or breaks in a school calendar by the name of an employee education association.

(c) A school shall not discourage or prohibit an employee from joining an organization or showing preferences toward any educational association."

SECTION 1.(c)  G.S. 115C-238.29F(e) is amended by adding a new subdivision to read:

"(5) Education employee associations shall have equal access to charter school employees as provided in G.S. 115C-335.9."

SECTION 2.  This act is effective when it becomes law and applies beginning with the 2012-2013 school year.

In the General Assembly read three times and ratified this the 29^th day of June, 2012.

                                                                    s/  Neal Hunt

                                                                         Presiding Officer of the Senate

                                                                    s/  Paul Stam

                                                                         Presiding Officer of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 4:53 p.m. this 12^th day of July, 2012