GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

SESSION LAW 2017-189

SENATE BILL 599

AN ACT TO establish the professional educator preparation and standards commission, to authorize the expansion of educator preparation programS and TO CREATE a system that holds all PROGRAMS accountablE, to reorganize and clarify the educator licensure process, and to ensure availability of information on teacher vacancies occurring in north carolina public schools.

The General Assembly of North Carolina enacts:

part i. north carolina professional educator preparation and standards commission

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

"Article 17C.

"Professional Educator Preparation and Standards Commission.

"§ 115C‑268.1.  Professional Educator Preparation and Standards Commission.

(a) Commission. – There is created the Professional Educator Preparation and Standards Commission (Commission). The purpose of the Commission is to involve stakeholders in establishing high standards for North Carolina educators. The Commission shall make rule recommendations regarding all aspects of preparation, licensure, continuing education, and standards of conduct of public school educators.

(b) Location. – The Commission shall be located administratively under the State Board of Education but shall exercise its powers and duties independently of the State Board of Education.

(c) Membership. – The Commission shall consist of the following 18 members:

(1) The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint the following:

a. One superintendent.

b. One principal.

c. One dean, or dean's designee, of an educator preparation program at a constituent institution of The University of North Carolina.

d. One dean, or dean's designee, of an educator preparation program at a nonpublic postsecondary educational institution in North Carolina.

e. One dean, or dean's designee, of an educator preparation program at a historically black college or university in North Carolina.

f. One teacher.

g. One personnel administrator from a local school administrative unit in North Carolina with at least 30,000 students.

h. One at‑large member.

(2) The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint the following:

a. One superintendent.

b. One principal.

c. One dean, or dean's designee, of an educator preparation program at a constituent institution of The University of North Carolina.

d. One dean, or dean's designee, of an educator preparation program at a nonpublic postsecondary educational institution in North Carolina.

e. One teacher.

f. One personnel administrator from a local school administrative unit in North Carolina with less than 30,000 students.

g. One member of the State Advisory Council on Indian Education.

h. One at‑large member.

(3) The State Teacher of the Year.

(4) The Superintendent of Public Instruction or his or her designee.

In making appointments, the General Assembly is encouraged to select qualified citizens who are committed to improving the teaching profession and student achievement and who represent the racial, geographic, and gender diversity of the State. Before their appointment to this Commission, with the exception of the at‑large members, the members must have been actively engaged in the profession of teaching, in the education of students in educator preparation programs, or in the practice of public school administration for at least three years, at least two of which occurred in this State. Appointed members shall serve for two‑year terms. Initial terms shall begin September 1, 2017. Vacancies in the membership shall be filled by the General Assembly, as provided in G.S. 120‑122, using the same criteria as provided in this subsection.

(d) Organization and Functioning. – The Commission shall elect a chair, a vice‑chair, and a secretary from among its membership. In the absence of the chair, the vice‑chair shall preside over the Commission's meetings. All members are voting members and a majority of the Commission constitutes a quorum. The Commission shall adopt rules to govern its proceedings.

(e) Meetings. – Meetings of the Commission shall be held upon the call of the chair or the vice‑chair in the absence of the chair. The Superintendent shall call the initial meeting of the Commission.

(f) Compensation and Reimbursement. – Members of the Commission shall receive compensation for their services and reimbursement for expenses incurred in the performance of their duties required by this Article at the rate prescribed in G.S. 138‑5 and G.S. 138‑6.

(g) Personnel. – The Commission may employ, subject to Chapter 126 of the General Statutes, the necessary personnel for the performance of its functions and fix compensation within the limits of funds available to the Commission.

"§ 115C‑268.5.  Powers and duties of the Commission.

(a) Duties. – The Commission shall:

(1) Develop and recommend to the State Board of Education rules related to all aspects of educator preparation programs in accordance with Article 17D of this Chapter. These rules shall include the following:

a. Requirements for appropriate pedagogy to be included in residency license programs.

b. Appropriate courses to be used for calculation of individual and cohort grade point averages for admission to educator preparation programs, which may account for prior degrees attained, type of license, and areas of licensure. The Commission shall consider which grade point average, either the grade point average in the content courses relevant to the licensure area or the cumulative grade point average, would be most appropriate for clinical residency students.

(2) Develop and recommend to the State Board of Education rules related to all aspects of professional standards for North Carolina educators in accordance with Article 17E of this Chapter. These rules shall include specific hour requirements for the following:

a. Preservice training and field experiences prior to entering the classroom for individuals issued residency licenses.

b. Preservice training prior to entering the classroom for individuals issued emergency licenses.

(3) Provide recommendations as requested to the State Board of Education related to the educator preparation programs and professional standards of North Carolina educators.

(b) The Commission shall recommend ways to ensure that the clinical practice requirements described in G.S. 115C‑269.25(d) effectively prepare high‑quality professional educators who meet the demands of North Carolina schools.

(c) State Board Approval. – The Commission shall submit its recommendations under subsection (a) of this section to the State Board. The State Board shall adopt or reject the rules recommendations. The State Board shall not make any substantive changes to any rules recommendation that it adopts. If the State Board rejects the rules recommendation, it shall state with specificity its reasons for rejection; the Commission may then amend that rules recommendation and resubmit it to the State Board. The Board shall adopt or reject the amended rules recommendation. If the State Board fails to adopt the Commission's original and amended rule recommendations, the State Board may develop and adopt its own rules.

(d) Annual Report. – The Commission shall submit a report by December 1, 2018, and annually thereafter, to the Joint Legislative Education Oversight Committee and the State Board of Education of its activities during the preceding year, together with any recommendations and findings regarding improvement of the teaching profession."

PART II. Educator Preparation Programs

SECTION 2.(a)  G.S. 115C‑296.8 is repealed.

SECTION 2.(b)  G.S. 115C‑296.9 is repealed.

SECTION 2.(c)  G.S. 115C‑296.10 is repealed.

SECTION 2.(d)  G.S. 115C‑296.11 is repealed.

SECTION 2.(e)  G.S. 115C‑296.12 is repealed.

SECTION 2.(f)  G.S. 115C‑296.13 is repealed.

SECTION 2.(g)  G.S. 115C‑309 is repealed.

SECTION 2.(h)  G.S. 115C‑310 is repealed.

SECTION 2.(i)  Subchapter V of Chapter 115C of the General Statutes is amended by adding a new Article to read:

"Article 17D.

"Educator Preparation Programs.

"§ 115C‑269.1.  Definitions.

As used in this Article, the following definitions shall apply:

(1) Approved EPP. – An EPP that has been approved by the State Board as meeting the requirements established by rule, as provided in G.S. 115C‑269.10.

(2) Authorized EPP. – An EPP that (i) has met the accountability performance standards described in G.S. 115C‑269.35 and (ii) has been approved by the State Board or accredited by CAEP to prepare, train, and recommend students for licensure.

(3) CAEP. – Council for the Accreditation of Educator Preparation.

(4) Clinical educator. – An individual employed by a partner school, including a classroom teacher, who assesses, supports, and develops a clinical intern's knowledge, skills, and professional disposition during an internship.

(5) Clinical intern or intern. – Any student enrolled in a recognized EPP who is jointly assigned by that EPP and a local board of education to teach under the direction and supervision of a clinical educator, as provided in G.S. 115C‑269.25.

(6) Clinical internship or internship. – Type of field experience in which a clinical intern works under the supervision of a clinical educator and may be delegated those duties granted to an educator by G.S. 115C‑307 and any other part of the school program for which the clinical educator is responsible.

(7) Clinical mentor or mentor. – An individual employed by an elementary or secondary school, including a classroom teacher, who assesses, supports, and develops a clinical resident's knowledge, skills, and professional disposition during the residency.

(8) Clinical residency or residency. – Type of field experience in which a clinical resident who already holds a bachelor's degree is enrolled in a recognized EPP and also employed by a local school administrative unit as an educator and supervised by the recognized EPP in partial fulfillment of the recognized EPP's training requirements.

(9) Clinical resident. – Any student who meets the following criteria:

a. Holds a bachelor's degree.

b. Is enrolled in a recognized EPP.

c. Is employed by a local school administrative unit as an educator and supervised by the recognized EPP in partial fulfillment of the recognized EPP's training requirements.

(10) Educator preparation program or EPP. – Any entity that prepares, trains, and recommends students for teacher licensure.

(11) Field experience. – Placement of students enrolled in a recognized EPP in settings to provide opportunities to observe, practice, and demonstrate knowledge and skills. A field experience may include preclinical classroom experiences.

(12) Field supervisor. – An individual who is employed by a recognized EPP to observe students, monitor their performance, and provide constructive feedback to improve their effectiveness as educators during their clinical internship or residency.

(13) Initially authorized EPP. – An EPP that has been either approved by the State Board or accredited by CAEP to prepare, train, and recommend students for licensure, but lacks data required by the performance standards described in G.S. 115C‑269.35.

(14) Partner school. – An elementary or secondary school located in North Carolina that includes (i) a public school governed by a local board of education, a charter school board of directors, a regional school board of directors, or a UNC laboratory school board of trustees; (ii) a Department of Defense Elementary and Secondary School established pursuant to 10 U.S.C. § 2164; and (iii) a nonpublic school that meets the requirements of Part 1 or 2 of Article 39 of this Chapter.

(15) Recognized educator preparation program or recognized EPP. – An entity that is initially authorized or authorized by the State Board to recommend students for educator licensure.

(16) Student. – An individual enrolled in a recognized educator preparation program.

"§ 115C‑269.5.  Educator preparation programs.

(a) Role of EPPs. – An EPP shall prepare students for educator licensure and meet the standards and requirements set forth in this Article. To recommend students for licensure, an EPP shall be recognized by the State Board.

(b) State Board Authority. – The State Board shall initially authorize and recognize an EPP as required by this Article. The State Board shall have authority to regulate EPPs in accordance with this Article.

(c) Initial Authorization. – The State Board shall assign the status of initially authorized to an EPP if it has not yet generated sufficient data to meet the performance standards, but the EPP meets one of the following criteria:

(1) The EPP is approved by the State Board.

(2) The EPP is nationally accredited by CAEP.

(d) Authorization. – The State Board shall assign the status of authorized to an EPP if the EPP meets the following criteria:

(1) The EPP is approved by the State Board or nationally accredited by CAEP.

(2) The EPP satisfies the performance standards to the extent that the EPP has not been assigned revoked status described in G.S. 115C‑269.45.

(e) The State Board shall assign the status of recognized EPP to an EPP that has the status of initially authorized or authorized.

"§ 115C‑269.10.  Educator preparation program approval process.

(a) State Board Authority. – The State Board shall have authority to approve an EPP that meets the requirements established by rule as provided in subsection (b) of this section.

(b) Rules for Granting State Approval. – The State Board shall adopt rules for granting approval to EPPs in accordance with this Article. The rules shall ensure the following:

(1) A rigorous approval process that requires that the criteria in this Article are met.

(2) An application process, peer review, and technical assistance provided by the State Board.

(3) An approval period of five years and process for renewal of approval.

(c) Minimum Approval Standards. – At a minimum, the rules established as provided in subsection (b) of this section shall include the following standards:

(1) Students shall develop a deep understanding of the critical concepts and principles of their discipline and, by completion, be able to use discipline‑specific practices flexibly to advance the learning of all students toward attainment of college‑ and career‑ready standards.

(2) Effective partnerships and high‑quality clinical practice shall be central to preparation so that students develop the knowledge, skills, and professional dispositions necessary to demonstrate positive impact on all elementary and secondary students' learning and development.

(3) Quality of students shall be a continuing and purposeful part of the EPP's responsibility from recruitment, at admission, through the progression of courses and field experiences, and to decisions that completers are prepared to teach effectively and are recommended for licensure. The EPP shall demonstrate that development of student quality is the goal of educator preparation in all phases of the program through evidence of impact under subdivision (4) of this subsection.

(4) The EPP shall demonstrate the impact of its completers on elementary and secondary student learning and development, classroom instruction, and schools, and the satisfaction of its completers with the relevance and effectiveness of their preparation.

(5) The EPP shall maintain a quality assurance system comprised of valid data from multiple measures, including evidence of students' and completers' positive impact on elementary and secondary student learning and development. The EPP shall support continuous improvement that is sustained and evidence‑based and that evaluates the effectiveness of its completers. The EPP shall use the results of inquiry and data collection to establish priorities, enhance program elements and capacity, and test innovations to improve completers' impact on elementary and secondary student learning and development.

(d) Application. – An EPP seeking to be approved by the State Board shall complete the application process established by the State Board.

(e) Peer Review. – An EPP seeking to be approved by the State Board shall undergo a peer review process established by the State Board that includes highly qualified and trained members to adequately review programs within the State.

(f) Technical Assistance. – For EPPs seeking approval, the State Board shall provide technical assistance in efforts to do the following:

(1) Improve education quality and EPP performance.

(2) Inform EPPs about the program approval process as part of EPP performance based on outcome data.

(3) Assist with State and federal reporting processes.

(4) Help build and maintain partnerships between elementary and secondary schools and EPPs.

"§ 115C‑269.15.  Minimum admissions requirements for educator preparation programs.

(a) Testing. – A recognized EPP shall not admit a student until that student has met one of the following criteria:

(1) Attained a passing score or prescribed minimum score set by the State Board for a preprofessional skills test.

(2) Achieved the appropriate required scores, as determined by the State Board, on the verbal and mathematics portions of the SAT or ACT. The minimum combined verbal and mathematics score set by the State Board for the SAT shall be 1,100 or greater. The minimum composite score set by the State Board for the ACT shall be 24 or greater.

(3) Holds a bachelor's degree.

(b) Individual Grade Point Average. – A recognized EPP shall not admit a student into an EPP unless that student has earned a grade point average of at least a 2.7.

(c) Grade Point Average Exceptions. – Notwithstanding subsection (b) of this section, the individual grade point average requirement does not apply to a clinical resident student if the hiring local school administrative unit determines that one of the following criteria is met:

(1) The student has at least 10 years of relevant experience.

(2) For a program leading to licensure in career and technical education, the student has at least five years of relevant experience.

(d) Cohort Grade Point Average. – A recognized EPP shall ensure that the minimum cohort grade point average for each entering cohort to an EPP is at least a 3.0.

"§ 115C‑269.20.  Content and pedagogy requirements.

(a) Content and Pedagogy Requirements. – To ensure that EPPs remain current and reflect a rigorous course of study that is aligned to State and national standards, the State Board shall require at least the following minimum requirements with demonstrated competencies in its rules:

(1) All EPPs shall include instruction in the following:

a. The identification and education of children with disabilities.

b. Positive management of student behavior and effective communication techniques for defusing and de‑escalating disruptive or dangerous behavior.

c. Demonstration of competencies in using digital and other instructional technologies to provide high‑quality, integrated digital teaching and learning to all students.

d. The skills and responsibilities required of educators.

e. The expectations for student performance based on State standards.

f. The supply of and demand for educators in this State, as identified in the vacancy report required by G.S. 115C‑299.5(e).

g. The State's framework for appraisal of educators.

(2) EPPs providing training for elementary education teachers shall include the following:

a. Adequate coursework in the teaching of reading, writing, and mathematics.

b. Assessment prior to licensure to determine if a student possesses the requisite knowledge in scientifically based reading, writing, and mathematics instruction that is aligned with the State Board's expectations.

c. Instruction in application of formative and summative assessments within the school and classroom setting through technology‑based assessment systems available in State schools that measure and predict expected student improvement.

d. Instruction in integration of arts education across the curriculum.

(3) EPPs providing training for elementary and special education general curriculum teachers shall ensure that students receive instruction in early literacy intervention strategies and practices that are aligned with State and national reading standards and shall include the following:

a. Instruction in the teaching of reading, including a substantive understanding of reading as a process involving oral language, phonological and phonemic awareness, phonics, fluency, vocabulary, and comprehension. Instruction shall include appropriate application of instructional supports and services and reading interventions to ensure reading proficiency for all students.

b. Instruction in evidence‑based assessment and diagnosis of specific areas of difficulty with reading development and of reading deficiencies.

c. Instruction in appropriate application of instructional supports and services and reading interventions to ensure reading proficiency for all students.

(4) EPPs providing training for middle and high school teachers shall include the following:

a. Adequate coursework in the relevant content area. For clinical residency programs, students may instead demonstrate mastery of the relevant content area through the passage of the relevant content area examination approved by the State Board.

b. Adequate coursework in the teaching of the relevant content area.

c. For EPPs providing training for science teachers, adequate preparation in issues related to science laboratory safety.

"§ 115C‑269.25.  Clinical partnerships and practice in educator preparation programs.

(a) Collaborative Partnerships With Elementary and Secondary Schools. – EPPs shall establish and maintain collaborative, formalized partnerships with elementary and secondary partner schools that are focused on student achievement, continuous school improvement, and the professional development of elementary and secondary educators, as well as those preparing educators.

(b) Memorandum of Understanding With Local School Administrative Units. – EPPs shall enter into a memorandum of understanding with the local school administrative unit or the partner school where students are placed or employed. In the memorandum, the EPP and the local school administrative unit or partner school, as applicable, shall:

(1) Define the collaborative relationship between the EPP and the local school administrative unit or partner school and how this partnership will be focused on continuous school improvement and student achievement.

(2) Adopt a plan for collaborative clinical educator or mentor selection, orientation, and student placement.

(3) Determine how information will be shared and verified between the EPP and the local school administrative unit or partner school.

(c) Field Experience Requirements. – To the extent practicable, EPPs shall require, in all programs leading to initial professional licensure, the following:

(1) Field experiences in every semester that include organized and sequenced engagement of students in settings that provide them with opportunities to observe, practice, and demonstrate knowledge and skills. The experiences shall be systematically designed and sequenced to increase the complexity and levels of engagement with which students apply, reflect upon, and expand their knowledge and skills, and to increase in each semester prior to the student's internship the number of hours spent in field experiences.

(2) A minimum of two hours of field experience in the first semester of the program and a cumulative total of at least 12 hours of field experiences prior to the student's internship.

(3) At least one field experience in a low‑performing school.

(d) Clinical Practice Requirements. – EPPs shall require clinical practice in the form of one of the following:

(1) Internship that lasts for a minimum of 16 weeks. Internships may be over the course of two semesters and shall, to the extent practicable, provide field experiences at both the beginning and ending of the school year. It shall be the responsibility of a clinical educator, in cooperation with the principal and the representative of the EPP, to assign to the intern responsibilities and duties that will provide adequate preparation for teaching.

(2) Residency that meets the following criteria:

a. The residency lasts for a minimum of one year.

b. The EPP provides ongoing support to a student for the full term of the residency.

c. The EPP assigns a clinical mentor to the resident.

d. The resident completes field experiences and training required by the State Board prior to the residency.

(e) Clinical Educator and Clinical Mentor Requirements. – The EPP shall ensure clinical educators and clinical mentors who supervise students in internships and residencies meet the following requirements:

(1) Be professionally licensed in the field of licensure sought by the student.

(2) Have a minimum of three years of experience in a teaching role.

(3) Have been rated, through the educator's most recent formal evaluations, at least at the "proficient" level as part of the North Carolina Teacher Evaluation System, or the equivalent on an evaluation system utilized by another state or partner school, as applicable, and have met expectations as part of a student growth assessment system used by a school in the field of licensure sought by the student. The principal shall determine which clinical educator best meets the needs of each intern and shall assign the most appropriate clinical educator to that intern, with priority consideration for those clinical educators rated as "distinguished" and "accomplished." If a principal determines that a teacher rated as "proficient" is the most appropriate clinical educator for an intern, the principal shall maintain records of the reasons for that determination.

(f) Legal Protection of Interns. – An intern under the supervision of a clinical educator or principal shall have the protection of the laws accorded to a licensed educator.

(g) Pedagogy Assessment. – EPPs shall require, in addition to a content assessment, a nationally normed and valid pedagogy assessment to determine clinical practice performance. Passing scores and mastery criteria shall be determined by the State Board.

"§ 115C‑269.30.  Teacher assistants engaged in internships.

(a) Program for Teacher Assistants. – The State Board shall adopt a program to facilitate the process by which teacher assistants may become teachers. Teacher assistants who participate in this program:

(1) Shall be enrolled in a recognized EPP.

(2) Shall be employed in a North Carolina public school.

(b) Internship Assignments. – Local school administrative units are encouraged to assign teacher assistants to a different classroom during an internship than the classroom they are assigned to as a teacher assistant. To the extent possible, they may be assigned to another school within the same local school administrative unit.

(c) Salary and Benefits. – At the discretion of the local school administrative unit, teacher assistants may continue to receive their salary and benefits while interning in the same local school administrative unit where they are employed as a teacher assistant.

(d) Consultation With Institutions of Higher Education. – The State Board shall consult with the Board of Governors of The University of North Carolina and the North Carolina Independent Colleges and Universities in the development of the program.

"§ 115C‑269.35.  Accountability for educator preparation programs.

(a) Performance Measures. – The State Board shall adopt rules necessary to establish standards of performance to govern the continuing accountability of all EPPs. At a minimum, the performance standards shall be based on the following information that is disaggregated with respect to race, sex, and ethnicity:

(1) Performance based on the standards and criteria for annual evaluations of licensed employees.

(2) Proficiency and growth of students taught by educators holding an initial professional license, to the extent practicable. When available, EVAAS data shall be used to measure student proficiency and growth.

(3) Results from an educator satisfaction survey, developed by the State Board with stakeholder input, performed at the end of the educator's first year of teaching after receiving an initial professional license.

(4) Quality of students entering the EPP, including the average grade point average and average score on preprofessional skills tests or college entrance exams that assess reading, writing, mathematics, and other competencies.

(b) Annual Performance Reports. – The State Board shall require all recognized EPPs to submit annual performance reports. The performance reports shall provide the State Board with a focused review of the EPPs and the current authorization process in order to ensure that the programs produce graduates that are well prepared to teach. At a minimum, the annual report shall contain the following indicators:

(1) Performance data from subsection (a) of this section.

(2) Data related to the EPP's compliance with requirements for field supervision of students during their internship and residency experiences.

(3) The following information, disaggregated by race, sex, and ethnicity:

a. The number of students who apply.

b. The number of students admitted.

c. The number of students retained.

d. The number of students completing the program.

e. The number of students employed as beginning teachers under initial professional licenses by not later than the first anniversary of completing the program.

f. The amount of time required by students employed as beginning teachers under residency licenses to be issued initial professional licenses.

g. The number of students retained in the profession.

h. Any other information required by federal law.

(4) The ratio of field supervisors to students completing an internship or residency.

(5) Graduation rates.

(6) Time‑to‑graduation rates.

(7) Average scores of graduates on professional, pedagogy, and content area examinations for the purpose of licensure.

(8) Percentage of graduates receiving initial professional licenses.

(9) The extent to which the program prepares educators, including general education teachers and special education teachers, to effectively teach the following:

a. Students with disabilities.

b. Students of limited English proficiency.

(10) The activities offered by the program that are designed to prepare educators to do the following:

a. Integrate technology effectively into curricula and instruction, including activities consistent with the principles of universal design for learning.

b. Use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of increasing student academic achievement.

(11) The perseverance of beginning educators in the profession, as determined on the basis of the number of beginning educators who maintain status as active contributing members in the North Carolina State Employee Retirement System at least three years after licensure in comparison to similar programs.

(12) The results of surveys given to school principals that involve evaluation of the program's effectiveness in preparing participants to succeed in the classroom, based on experience with employed program participants.

(13) Any other information necessary to enable the State Board to assess the effectiveness of the program on the basis of educator retention and success criteria adopted by the State Board.

(c) Submission of Annual Performance Reports. – Performance reports shall be provided annually to the following:

(1) The State Board.

(2) The board of trustees or board of directors of the entity submitting the report.

(d) Information Requests by EPPs. – The State Board of Education shall annually provide, upon request, the data required to be included in an EPP's annual performance report related to subdivisions (1) and (2) of subsection (a) of this section and subdivision (11) of subsection (b) of this section. The State Board of Education shall provide this information to an EPP as aggregate data and disaggregated by race, sex, and ethnicity. Notwithstanding Article 21A of this Chapter, local school administrative units shall provide to the State Board of Education for the purposes of these information requests any North Carolina Educator Evaluation System effectiveness status assigned to teachers based on queries from the State Board. The State Board of Education shall not report aggregated or disaggregated data to the EPP that reveals confidential information in a teacher's personnel file, as defined by Article 21A of this Chapter, such as making the effectiveness status personally identifiable to an individual teacher.

"§ 115C‑269.40.  Risk factors for educator preparation programs; risk‑assessment model.

(a) Risk Factor Rules. – The State Board shall adopt rules establishing risk factors for assessment of the overall risk level of each EPP. The set of risk factors shall include the following:

(1) A history of the EPP's compliance with State law and rules, with consideration given to the following:

a. The seriousness of any violation of a law or rule.

b. Whether the violation resulted in an action being taken against the EPP.

c. Whether the violation was promptly remedied by the EPP.

d. The number of alleged violations.

e. Any other matter considered to be appropriate in evaluating the EPP's compliance history.

(2) Whether the program meets the accountability performance standards under G.S. 115C‑269.35.

(b) CAEP Accreditation. – The rules for risk factors developed by the State Board may include whether an EPP is accredited by CAEP.

(c) Use of Risk Factors. – The State Board shall use the rules for risk factors when conducting monitoring, inspections, and compliance audits of EPPs, including evaluations associated with renewals of approval under G.S. 115C‑269.10.

"§ 115C‑269.45.  Sanctions.

(a) Accountability Statuses. – The State Board shall at least annually review the accountability status of each EPP. The State Board shall adopt rules necessary for the sanction of EPPs that do not meet accountability standards or comply with State law or rules. The rules shall provide for the assignment of warned, probation, or revoked statuses according to the following criteria:

(1) Warned. – An EPP shall be assigned warned status if the program meets any of the following criteria:

a. Fails to meet the performance standards set by the State Board for the overall performance of all its students on any of the indicators set forth in G.S. 115C‑269.35(a) in any one year.

b. Fails to meet the performance standards in any two sex, race, or ethnicity demographic groups on any of the indicators set forth in G.S. 115C‑269.35(a) in any one year.

c. Fails to meet the performance standards for a sex, race, or ethnicity demographic group on any of the indicators set forth in G.S. 115C‑269.35(a) for two consecutively measured years, regardless of whether the deficiency is in the same demographic group or standard.

d. The State Board determines that the EPP has violated applicable laws or rules that should result in warned status.

(2) Probation. – An EPP shall be assigned probation status if the program meets any of the following criteria:

a. Fails to meet the performance standards set by the State Board for the overall performance of all its students on any of the indicators set forth in G.S. 115C‑269.35(a) for two consecutively measured years.

b. Fails to meet the performance standards in any three sex, race, or ethnicity demographic groups on any of the indicators set forth in G.S. 115C‑269.35(a) in any one year.

c. Fails to meet the performance standards for a sex, race, or ethnicity demographic group on any of the indicators set forth in G.S. 115C‑269.35(a) for three consecutively measured years, regardless of whether the deficiency is in the same demographic group or standard.

d. The State Board determines that the EPP has violated applicable laws or rules that should result in probation status.

(3) Revoked. – An EPP shall be assigned revoked status and its approval to recommend students for educator licensure revoked if it meets any of the following criteria:

a. Is assigned probation status for three consecutively measured years.

b. Has been on probation status for one year and the State Board determines that revoking the program's approval is reasonably necessary to achieve the purposes of this Article.

(b) Revocation. – Any revocation of an EPP's accountability status shall meet the following criteria:

(1) Complies with the requirements of notice as described in subsection (f) of this section.

(2) Upon assignment of revoked status of EPP approval, the EPP shall not admit new students, but may complete the training of students already admitted by the program and recommend them for licensure. If necessary, the State Board and other EPPs shall cooperate to assist the previously admitted students of the revoked EPP to complete their training.

(3) A revocation shall be effective for a period of at least two years. After two years, the program may seek initial authorization to prepare educators for licensure.

(c) Range of Sanctions. – In addition to revocation as provided in subsections (a) and (b) of this section, the rules described in subsection (a) of this section shall provide for the State Board to assign other sanctions deemed necessary, including one or more of the following:

(1) Requiring the EPP to obtain technical assistance approved by the State Board.

(2) Requiring the EPP to obtain professional services under contract with another entity.

(3) Appointing a monitor to participate in and report to the State Board on the activities of the EPP.

(4) Managing the EPP's enrollment.

(d) Particular Fields of Licensure. – Any sanction authorized or required to be taken against an EPP under subsection (c) of this section may also be taken with regard to a program for a particular field of licensure authorized to be offered by an EPP.

(e) Costs. – Any costs associated with the sanctions under subsection (c) of this section shall be paid by the EPP.

(f) Notice, Hearing, and Appeal. – The State Board shall give written notice to the EPP by certified mail of an EPP's revocation of authorized status, including a written explanation of the basis for the revocation. An EPP may commence a contested case as provided in Article 3 of Chapter 150B of the General Statutes as to the revocation by the State Board.

"§ 115C‑269.50.  EPP report cards.

The State Board shall create a report card in a common format for each EPP that, at a minimum, summarizes the information collected in the annual performance reports, as set forth in G.S. 115C‑269.35(b). The State Board shall make the report cards available to the public through the State Board's Internet Web site on an annual basis beginning December 15, 2019, and shall submit the report to the Joint Legislative Education Oversight Committee annually by that date. The State Board of Education shall also provide the information from each EPP's annual performance report to the Board of Governors of The University of North Carolina to be incorporated into the Teacher Quality Dashboard to provide greater accessibility and comparability of data on the performance of EPPs in the State.

"§ 115C‑269.55.  Reports of alleged violations regarding educator preparation programs.

(a) Authority. – The State Board shall adopt rules necessary to establish a process for a student to report a violation of this Article to the State Board.

(b) EPP Notice to Students. – The State Board by rule shall require an EPP to notify students of the complaint process adopted under subsection (a) of this section. The notice shall include the appropriate contact information, including name, mailing address, telephone number, and Internet Web site address for the purpose of directing complaints to the State Board. The EPP shall provide for that notification as follows:

(1) On the Internet Web site of the EPP, if the program maintains a Web site.

(2) On a sign prominently displayed in program facilities.

(3) In the student handbook.

(c) Notice of Complaint Process. – The State Board shall post the complaint process adopted under subsection (a) of this section on the State Board's Internet Web site.

(d) Limits on State Board Authority. – The State Board has no authority to mediate, arbitrate, or resolve contractual or commercial issues between an EPP and a student."

SECTION 2.(j) G.S. 115C‑284(e) reads as rewritten:

"(e)      It shall be unlawful for any board of education to employ or keep in service any principal or supervisor who neither holds nor is qualified to hold a certificatelicense in compliance with the provision of the law or in accordance with the regulations of the State Board of Education. However, a local board of education may select a retired principal or retired assistant principal to serve as an interim principal for the remainder of any school year, regardless of licensure status."

SECTION 2.(k)  Article 19 of Subchapter V of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑284.1.  School administrator preparation programs.

Rules for approval of school administrator preparation programs shall incorporate the criteria developed in accordance with G.S. 116‑74.21 for assessing proposals under the School Administrator Training Program."

PART III. Educator Licensure

SECTION 3.(a)  G.S. 115C‑296 is repealed.

SECTION 3.(b)  Article 20 of Subchapter V of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑300.1.  New teacher induction programs.

(a) Induction Program. – The State Board of Education shall develop a new teacher induction program to provide ongoing support for teachers entering the profession.

(b) New Teacher Guidelines. – For the purpose of helping local boards to support new teachers, the State Board shall develop and distribute guidelines that address optimum teaching load, extracurricular duties, student assignment, and other working condition considerations. These guidelines shall provide that teachers holding initial professional licenses not be assigned extracurricular activities unless they request the assignments in writing and that other noninstructional duties of these teachers be minimized.

(c) Mentor Teacher Training. – The State Board shall develop and coordinate a mentor teacher training program. The State Board shall develop criteria for selecting excellent, experienced, and qualified teachers to be participants in the mentor teacher training program as follows:

(1) Mentor teachers shall be either of the following:

a. Teachers rated, through formal evaluations, at least at the "proficient" level as part of the North Carolina Teacher Evaluation System and who have met expectations for student growth.

b. Retired teachers.

(2) The principal shall determine which mentor teacher best meets the needs of each new teacher and shall assign the most appropriate mentor teacher to that new teacher, with priority consideration for those mentor teachers rated as "distinguished" and "accomplished."

(3) If a principal determines that a teacher rated as "proficient" or a retired teacher is the most appropriate mentor for a new teacher, the principal shall maintain records of the reasons for that determination.

(4) A teacher may be a mentor at a different school building from which the mentor is assigned if the following criteria are met:

a. The principals of each school and the mentor teacher approve of the assignment.

b. The mentor teacher is rated, through formal evaluations, at least at the "accomplished" level as part of the North Carolina Teacher Evaluation System and has met expectations for student growth.

c. The new teacher's principal maintains a record of the reasons for selecting the mentor from a different school building."

SECTION 3.(c)  Subchapter V of Chapter 115C of the General Statutes is amended by adding a new Article to read:

"Article 17E.

"Licensure.

"§ 115C‑270.1.  Definitions.

As used in this Article, the following definitions shall apply:

(1) Administrator. – An administrator or supervisor who serves in general and program administrator roles, as classified by the State Board. Administrators shall include superintendents, assistant or associate superintendents, principals, assistant principals, or curriculum‑instructional specialists.

(2) Professional educator. – An administrator, teacher, or student services personnel.

(3) Recognized educator preparation program or recognized EPP. – As defined in G.S. 115C‑269.1(15).

(4) Student services personnel. – An individual providing specialized assistance to students, teachers, administrators, or the education program in general, as classified by the State Board. Student services personnel shall include individuals employed in school counseling, school social work, school psychology, audiology, speech‑language pathology, and media coordination.

(5) Teacher. – An individual whose major responsibility is to either teach or directly supervise teaching, as classified by the State Board.

"§ 115C‑270.5.  State Board of Education establishes licensure requirements.

(a) Authority. – The State Board of Education shall have entire control of licensing all applicants for professional educator positions in all public schools of North Carolina, subject to the requirements of this Article. The State Board shall adopt rules for the issuance, renewal, and extension of all licenses and shall determine and fix the salary for each grade and type of license which it authorizes.

(b) Consultation – The State Board shall receive recommendations from the Professional Educator Preparation and Standards Commission and seek input from The University of North Carolina Board of Governors, the State Board of Community Colleges, educator preparation programs, and such other public and private agencies as are necessary in adopting rules required by this Article.

"§ 115C‑270.10.  Licensure fees.

(a) Fee Schedule. – The State Board of Education shall establish by rule a schedule of fees for professional educator licensure and administrative changes. The fees established under this section shall not exceed the actual cost of providing the service. The schedule may include fees for any of the following services:

(1) Application for demographic or administrative changes to a license.

(2) Application for a duplicate license or for copies of documents in the licensure files.

(3) Application for a renewal, extension, addition, upgrade, reinstatement, and variation to a license.

(4) Initial application for a new graduate from any recognized educator preparation program.

(5) Initial application for an out‑of‑state applicant.

(6) All other applications.

An applicant must pay any nonrefundable or nontransferable service fees at the time an application is submitted.

(b) Fee Increase Reporting. – The State Board of Education shall report to the Joint Legislative Education Oversight Committee by March 15 in any year that the amount of fees in the fee schedule established under this section has been modified during the previous 12 months. The report shall include the number of personnel paid from licensure receipts, any change in personnel paid from receipts, other related costs covered by the receipts, and the estimated unexpended receipts as of June 30 of the year reported.

"§ 115C‑270.15.  Examination requirements for initial professional licenses.

(a) Examination Score Requirements. – The State Board of Education shall require an applicant for an initial professional license to demonstrate the applicant's academic and professional preparation by achieving a prescribed minimum score on a standard examination appropriate and adequate for that purpose. Elementary education (K‑6) and special education general curriculum teachers shall also achieve a prescribed minimum score on subtests or standard examinations specific to teaching reading and mathematics.

(b) Establishment of Minimum Scores. – The State Board shall adopt rules that establish the minimum scores for any required standard examinations and other measures necessary to assess the qualifications of professional educators as required under this section. For purposes of this section, the State Board shall not be subject to Article 2A of Chapter 150B of the General Statutes. At least 30 days prior to changing any rule adopted under this section, the State Board shall provide written notice to all recognized educator preparation programs and to all local boards of education. The written notice shall include the proposed revised rule. The State Board of Education shall make any required standard initial professional licensure exam rigorous and raise the prescribed minimum score as necessary to ensure that each applicant has received high‑quality academic and professional preparation to teach effectively.

(c) Time Line for Completion of Examinations. – The State Board of Education shall permit an applicant to fulfill any such testing requirement before or during the applicant's second year of teaching, provided the applicant took the examination at least once during the first year of teaching.

"§ 115C‑270.20.  Licensure requirements.

(a) Teacher Licenses. – The State Board shall adopt rules for the issuance of the following classes of teacher licenses, including required levels of preparation for each classification:

(1) Continuing professional license or CPL. – A five‑year renewable license issued to a teacher who has at least three years of licensed teaching experience and meets other requirements established by the State Board. A CPL shall remain in effect for five years after retirement.

(2) Emergency license or EL. – A one‑year nonrenewable license issued to an individual who holds a bachelor's degree with coursework relevant to the requested licensure area, but has not successfully completed a recognized educator preparation program and does not qualify for a residency license. An emergency license shall only be requested by the local board of education, and applicants for emergency licenses shall meet all other requirements established by the State Board, including preservice training, prior to teaching.

(3) Initial professional license or IPL. – A three‑year nonrenewable license issued to an individual who has successfully completed a recognized educator preparation program and meets other requirements established by the State Board.

(4) Lifetime license. – A license issued to a teacher after 50 or more years of teaching as a licensed teacher that requires no renewal.

(5) Residency License or RL. – A one‑year license, renewable twice, that meets both of the following requirements:

a. Is requested by the local board of education and accompanied by a certification of supervision from the recognized educator preparation program in which the individual is enrolled.

b. The individual for whom the license is requested meets all of the following requirements:

1. Holds a bachelor's degree.

2. Has either completed coursework relevant to the requested licensure area or passed the content area examination relevant to the requested licensure area that has been approved by the State Board.

3. Is enrolled in a recognized educator preparation program.

4. Meets all other requirements established by the State Board, including completing preservice requirements prior to teaching.

(6) Retirement licensure. – A five‑year renewable license issued to a teacher who retired with 30 or more years of teaching experience in North Carolina and who has been employed by a local school administrative unit after retirement as any of the following:

a. A substitute teacher.

b. A part‑time provider of any of the following services: classroom instruction, tutoring, mentoring teachers, writing curricula, developing and leading staff development programs for teachers, or working in after‑school programs.

(b) Administrator and Student Services Personnel. – The State Board shall establish classification and levels of preparation necessary for issuance of licenses for administrators and student services personnel.

(c) Notwithstanding the requirement in subsection (a) of this section that an individual must hold a bachelor's degree with coursework relevant to the requested licensure area for individuals seeking licensure in a career or technical education area, the State Board may establish alternate criteria related to that area to establish competency in lieu of a bachelor's degree.

"§ 115C‑270.25.  Out‑of‑state license applicants.

Initial applications from an individual with an out‑of‑state teacher's license shall require the applicant to provide evidence of that teacher's effectiveness, when available, as measured by the evaluation system used in that applicant's state of current licensure at the time of application, including any growth measures included in that evaluation system. Applications that include the evidence of that educator's effectiveness shall be prioritized for review over initial applications from applicants with out‑of‑state licenses that do not include that information. An individual who does not include evidence of that teacher's effectiveness with the initial application shall only be eligible for an IPL.

"§ 115C‑270.30.  Licensure renewal.

(a) Licensure Renewal. – The State Board shall adopt rules establishing the requirements for renewal of all professional educator licenses. These requirements shall reflect rigorous standards for continuing licensure and shall be aligned with high‑quality professional development programs that reflect State priorities for improving student achievement.

(b) Teacher Licensure Renewal. – Rules for continuing licensure for teachers shall include the following:

(1) For all teachers, at least eight continuing education credits with at least three credits required in a teacher's academic subject area.

(2) For elementary school teachers, at least three continuing education credits related to literacy. Literacy renewal credits shall include evidence‑based assessment, diagnosis, and intervention strategies for students not demonstrating reading proficiency. Oral language, phonemic and phonological awareness, phonics, vocabulary, fluency, and comprehension shall be addressed in literacy‑related activities leading to license renewal for elementary school teachers.

(3) For retirement licensure, at least 640 hours of documented employment in a local school administrative unit each renewal cycle and eight hours of annual professional development approved by a local school administrative unit.

(4) For all teachers employed by a local board of education, evidence of a rating of at least proficient on the most recent annual evaluation to maintain the current license status. A teacher who is unable to satisfy this requirement but has been placed on a mandatory improvement plan may be eligible to receive an IPL if that teacher satisfies all other licensure requirements.

(5) A member of the General Assembly is exempt from the continuing education credit requirements for teachers during any five‑year licensure renewal cycle in which the member serves a term or some portion thereof in the General Assembly as long as the member notifies the Department of Public Instruction of the exemption during that five‑year licensure renewal cycle.

(c) License Renewal Rules Review. – The rules for licensure renewal shall be reviewed at least once every five years by the State Board to do the following:

(1) Reevaluate and enhance the requirements for renewal of professional educator licenses.

(2) Consider modifications in the license renewal achievement to make it a mechanism for professional educators to renew continually their knowledge and professional skills.

(3) Integrate digital teaching and learning into the requirements for licensure renewal.

"§ 115C‑270.35.  License suspension and revocation.

(a) The State Board shall adopt rules to establish the reasons and procedures for the suspension and revocation of licenses, subject to the requirements of this section.

(b) Automatic Revocation With No Hearing. – The State Board shall automatically revoke the license of a professional educator without the right to a hearing upon receiving verification of the identity of the professional educator together with a certified copy of a criminal record showing that the professional educator has entered a plea of guilty or nolo contendere to or has been finally convicted of any of the following crimes:

(1) Murder in the first or second degree, G.S. 14‑17.

(2) Conspiracy or solicitation to commit murder, G.S. 14‑18.1.

(3) Rape or sexual offense, as defined in Article 7B of Chapter 14 of the General Statutes.

(4) Felonious assault with deadly weapon with intent to kill or inflicting serious injury, G.S. 14‑32.

(5) Kidnapping, G.S. 14‑39.

(6) Abduction of children, G.S. 14‑41.

(7) Crime against nature, G.S. 14‑177.

(8) Incest, G.S. 14‑178 or G.S. 14‑179.

(9) Employing or permitting minor to assist in offense against public morality and decency, G.S. 14‑190.6.

(10) Dissemination to minors under the age of 16 years, G.S. 14‑190.7.

(11) Dissemination to minors under the age of 13 years, G.S. 14‑190.8.

(12) Displaying material harmful to minors, G.S. 14‑190.14.

(13) Disseminating harmful material to minors, G.S. 14‑190.15.

(14) First degree sexual exploitation of a minor, G.S. 14‑190.16.

(15) Second degree sexual exploitation of a minor, G.S. 14‑190.17.

(16) Third degree sexual exploitation of a minor, G.S. 14‑190.17A.

(17) Taking indecent liberties with children, G.S. 14‑202.1.

(18) Solicitation of child by computer to commit an unlawful sex act, G.S. 14‑202.3.

(19) Taking indecent liberties with a student, G.S. 14‑202.4.

(20) Prostitution, G.S. 14‑204.

(21) Patronizing a prostitute who is a minor or a mentally disabled person, G.S. 14‑205.2(c) or (d).

(22) Promoting prostitution of a minor or a mentally disabled person, G.S. 14‑205.3(b).

(23) Child abuse under G.S. 14‑318.4.

The State Board shall mail notice of its intent to act pursuant to this subsection by certified mail, return receipt requested, directed to the professional educator's last known address. The notice shall inform the professional educator that it will revoke the person's license unless the professional educator notifies the State Board in writing within 10 days after receipt of the notice that the defendant identified in the criminal record is not the same person as the professional educator. If the professional educator provides this written notice to the State Board, the State Board shall not revoke the license unless it can establish as a fact that the defendant and the professional educator are the same person.

(c) Mandatory Revocation. – The State Board shall revoke the license of a professional educator if the State Board receives notification from a local board of education or the Secretary of Health and Human Services that a professional educator has received a rating on any standard that was identified as an area of concern on the mandatory improvement plan that was below proficient or otherwise represented unsatisfactory or below standard performance under G.S. 115C‑333(d) and G.S. 115C‑333.1(f).

(d) Discretionary Revocation. – The State Board may revoke or refuse to renew a professional educator's license when the Board identifies the school in which the professional educator is employed as low‑performing under G.S. 115C‑105.37 or G.S. 143B‑146.5, and the assistance team assigned to that school makes the recommendation to revoke or refuse to renew the professional educator's license for one or more reasons established by the State Board in its rules for license suspension or revocation.

(e) Subpoena Power. – The State Board may issue subpoenas for the purpose of obtaining documents or the testimony of witnesses in connection with proceedings to suspend or revoke licenses. In addition, the Board shall have the authority to contract with individuals who are qualified to conduct investigations in order to obtain all information needed to assist the Board in the proper disposition of allegations of misconduct by licensed persons."

SECTION 3.(d)  Any professional educator license issued by the State Board of Education prior to the effective date of this act shall continue in effect until the expiration of that license. The State Board of Education may continue to issue lateral entry licenses for the 2017‑2018 and 2018‑2019 school years in accordance with State Board Policy LICN‑001 as it was in effect on the effective date of this act.

SECTION 3.(f)  If Senate Bill 257, 2017 Regular Session, becomes law, Section 7.26B(b) of that act reads as rewritten:

"SECTION 7.26B.(b)  Reading Improvement Commission. – The Superintendent of Public Instruction shall establish a Reading Improvement Commission (Commission) within the Department of Public Instruction to study and make recommendations on (i) best practices for public schools in the State to improve reading comprehension, understanding, and application for students in grades four through 12 to ensure that students complete high school with literacy skills necessary for career and college readiness. The Commission shall develop recommendations on appropriate readiness; (ii) methods to monitor student progress and provide appropriate and timely remediation to students to ensure success on nationally norm‑referenced college admissions tests.tests; (iii) the effectiveness of professional development in the area of literacy in developing the capacity of teachers in grades four through 12 for improving student performance in reading; and (iv) whether requiring professional development in the area of literacy for licensure renewal would be effective in improving student performance in reading and, if so, how such professional development should be structured and provided in order to maximize student outcomes. The Superintendent of Public Instruction may appoint superintendents, principals, reading instructors, representatives from research institutions, and other individuals as determined by the Superintendent to the Commission. Of the funds appropriated to the Department of Public Instruction for the 2017‑2018 fiscal year, the Superintendent of Public Instruction may use up to two hundred thousand dollars ($200,000) in nonrecurring funds for the 2017‑2018 fiscal year for the work of the Reading Improvement Commission. The Superintendent may also use these funds to contract with an independent research organization to assist in the study. The Superintendent of Public Instruction shall report to the Joint Legislative Education Oversight Committee, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the State Board of Education on the study, including any findings and recommendations, no later than January 15, 2019. The State Board of Education may use the findings and recommendations to inform the State Board's policies and may submit additional comments on the report to the Joint Legislative Education Oversight Committee, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than February 15, 2019."

SECTION 3.(g)  The Superintendent of Public Instruction shall develop a program to publicly recognize individuals who have engaged in at least 40 years of licensed teaching in North Carolina. Beginning with the 2017-2018 school year and annually thereafter, the program shall include public recognition of any qualifying teachers.

PART IV. BACKGROUND CHECKS AND EMPLOYEE DISMISSAL PROCEDURES

SECTION 4.(a)  G.S. 115C‑218.90(b)(1) reads as rewritten:

"(1)      If the local board of education of the local school administrative unit in which a charter school is located has adopted a policy requiring criminal history checks under G.S. 115C‑332, then the board of directors of each charter school located in that local school administrative unit shall adopt a policy mirroring the local board of education policy that requires an applicant for employment to be checked for a criminal history, as defined in G.S. 115C‑332. Each charter school board of directors shall apply its policy uniformly in requiring applicants for employment to be checked for a criminal history before the applicant is given an unconditional job offer. A charter school board of directors may employ an applicant conditionally while the board is checking the person's criminal history and making a decision based on the results of the check. If the local board of education adopts a policy providing for periodic checks of criminal history of employees, then the board of directors of each charter school located in that local school administrative unit shall adopt a policy mirroring that local board of education policy. A board of directors shall indicate, upon inquiry by any other local board of education, charter school, or regional school in the State as to the reason for an employee's resignation or dismissal, if an employee's criminal history was relevant to the employee's resignation or dismissal."

SECTION 4.(b)  G.S. 115C‑238.73 is amended by adding a new subsection to read:

"(i) The board of directors may adopt a policy providing for uniform periodic checks of criminal history of employees. Boards of directors shall not require employees to pay for the criminal history check authorized under this subsection. A board of directors shall indicate, upon inquiry by any other local board of education, charter school, or regional school in the State as to the reason for an employee's resignation or dismissal. If a teacher's criminal history is relevant to a teacher's resignation, the board of directors shall report to the State Board of Education the reason for an employee's resignation."

SECTION 4.(c)  G.S. 115C‑325(f)(1) reads as rewritten:

"(f)       (1)        Suspension without Pay. – If a superintendent believes that cause exists for dismissing a career employee for any reason specified in G.S. 115C‑325(e)(1) and that immediate suspension of the career employee is necessary, the superintendent may suspend the career employee without pay. Before suspending a career employee without pay, the superintendent shall meet with the career employee and give him written notice of the charges against him, an explanation of the bases for the charges, and an opportunity to respond. However, if the teacher is incarcerated or is in the custody of a local, State, private, or federal correctional facility, the superintendent shall not be required to meet with the teacher before suspending that teacher without pay but may instead provide written notice of the charges against the teacher, provide a written explanation of the basis for the charges, and provide an opportunity for the teacher to respond in writing. Within five days after a suspension under this paragraph, the superintendent shall initiate a dismissal, demotion, or disciplinary suspension without pay as provided in this section. If it is finally determined that no grounds for dismissal, demotion, or disciplinary suspension without pay exist, the career employee shall be reinstated immediately, shall be paid for the period of suspension, and all records of the suspension shall be removed from the career employee's personnel file."

SECTION 4.(d)  G.S. 115C‑325(o)(2) reads as rewritten:

"(2)      A teacher, career or probationary, who is not recommended for dismissal should not resign without the consent of the superintendent unless he or she has given at least 30 days' notice. If a teacher who is not recommended for dismissal does resign without giving at least 30 days' notice, the board may request that the State Board of Education revoke the teacher's license for the remainder of that school year. A copy of the request shall be placed in the teacher's personnel file. If a teacher's criminal history is relevant to the teacher's resignation, regardless of whether the teacher has given at least 30 days' notice, the board shall report to the State Board of Education the reason for an employee's resignation."

SECTION 4.(e)  G.S. 115C‑325.5(a) reads as rewritten:

"(a)      Immediate Suspension Without Pay. – If a superintendent believes that cause exists for dismissing a teacher for any reason specified in G.S. 115C‑325.4 and that immediate suspension of the teacher is necessary, the superintendent may suspend the teacher without pay. Before suspending a teacher without pay, the superintendent shall meet with the teacher and give him or her written notice of the charges against the teacher, an explanation of the basis for the charges, and an opportunity to respond. However, if the teacher is incarcerated or is in the custody of a local, State, private, or federal correctional facility, the superintendent shall not be required to meet with the teacher before suspending that teacher without pay but may instead provide written notice of the charges against the teacher, provide a written explanation of the basis for the charges, and provide an opportunity for the teacher to respond in writing. Within five days after a suspension under this subsection, the superintendent shall initiate a dismissal, demotion, or disciplinary suspension without pay as provided in this section. If it is finally determined that no grounds for dismissal, demotion, or disciplinary suspension without pay exist, the teacher shall be reinstated immediately, shall be paid for the period of suspension, and all records of the suspension shall be removed from the teacher's personnel file."

SECTION 4.(f)  G.S. 115C‑325.9(b) reads as rewritten:

"(b)      Thirty Days' Notice Resignation Requirement. – A teacher who is not recommended for dismissal should not resign during the term of the contract without the consent of the superintendent unless he or she has given at least 30 days' notice. If a teacher who is not recommended for dismissal does resign during the term of the contract without giving at least 30 days' notice, the board may request that the State Board of Education revoke the teacher's license for the remainder of that school year. A copy of the request shall be placed in the teacher's personnel file. If a teacher's criminal history is relevant to the teacher's resignation, regardless of whether the teacher has given at least 30 days' notice, the board shall report to the State Board of Education the reason for an employee's resignation."

SECTION 4.(g)  G.S. 115C‑332 is amended by adding a new subsection to read:

"(i) The local board of education may adopt a policy providing for periodic checks of criminal history of employees. Local boards of education shall not require employees to pay for the criminal history check authorized under this subsection. A local board of education shall indicate, upon inquiry by any other local board of education, charter school, or regional school in the State as to the reason for an employee's resignation or dismissal, if an employee's criminal history was relevant to the employee's resignation or dismissal."

PART V. ENSURE AVAILABILITY OF INFORMATION ON TEACHER VACANCIES

SECTION 5.(a)  G.S. 115C‑12(22) reads as rewritten:

"(22)    Duty to Monitor the State of the Teaching Profession in North Carolina. –

a.         The State Board of Education shall monitor and compile an annual report on the state of the teaching profession in North Carolina that includes data on the decisions of teachers to leave the teaching profession. The State Board shall adopt standard procedures for each local board of education to use in requesting the information from teachers who are not continuing to work as teachers in the local school administrative unit and shall require each local board of education to report the information to the State Board in a standard format adopted by the State Board.profession and data on teaching positions that local boards of education are unable to fill, as provided in G.S. 115C‑299.5.

b. The annual teacher transition report shall include data on the following:

1. The number of teachers who left the profession without remaining in the field of education and the reasons for teachers leaving the profession.

2. The number of teachers who left their employment to teach in other states.

3. The number of teachers who left their employment to work in another school in North Carolina, including nonpublic schools and charter schools.

4. The number of teachers who left a classroom position for another type of educational position.

5. The number of teachers who left employment in hard‑to‑staff schools. A hard‑to‑staff school shall be any school identified as low‑performing, as provided in G.S. 115C‑105.37.

6. The number of teachers who left employment in hard‑to‑staff subject areas. A hard‑to‑staff subject area is either of the following:

I. As defined by the United States Department of Education.

II. A subject area that has resulted in a long‑term vacancy of 16 months or more at a particular school in a local school administrative unit.

c. The annual teacher transition report by the State Board of Education shall disaggregate the data included in sub‑subdivision b. of this subdivision by teacher effectiveness status at a statewide level. The report shall not disaggregate data on teacher effectiveness status at a local school administrative unit level.

Notwithstanding Article 21A of this Chapter, local school administrative units shall provide to the State Board of Education for the purposes of this report any North Carolina Educator Evaluation System (NCEES) effectiveness status assigned to teachers who left employment.

The State Board of Education shall not report disaggregated data that reveals confidential information in a teacher's personnel file, as defined by Article 21A of this Chapter, such as making the effectiveness status personally identifiable to an individual teacher."

SECTION 5.(b)  Article 20 of Subchapter V of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑299.5.  Duty to monitor the state of the teaching profession.

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

(1) Hard‑to‑staff school. – Any school identified as low‑performing, as provided in G.S. 115C‑105.37.

(2) Hard‑to‑staff subject area. – A subject area that is either of the following:

a. As defined by the United States Department of Education.

b. A subject area that has resulted in a long‑term vacancy of 16 months or more at a particular school in a local school administrative unit.

(b) State of the Teaching Profession Report. – The State Board of Education shall monitor and compile an annual report by December 15 annually on the state of the teaching profession in North Carolina that includes data on the decisions of teachers to leave the teaching profession and vacancies in teaching positions as provided in subsections (c) and (e) of this section. The State Board shall adopt standard procedures for each local board of education to use in requesting information required by this report and shall require each local board of education to report the information to the State Board in a standard format adopted by the State Board.

(c) Teachers Leaving the Profession. – The report shall include the following data on the decisions of teachers to leave the teaching profession in the prior school year:

(1) The number of teachers who left the profession without remaining in the field of education and the reasons for teachers leaving the profession.

(2) The number of teachers who left their employment to teach in other states.

(3) The number of teachers who left their employment to work in another school in North Carolina, including nonpublic schools and charter schools.

(4) The number of teachers who left a classroom position for another type of educational position.

(5) The number of teachers who left employment in hard‑to‑staff schools.

(6) The number of teachers who left employment in hard‑to‑staff subject areas.

(d) The annual teacher transition report by the State Board of Education shall disaggregate the data included in subsection (c) of this section by teacher effectiveness status at a statewide level. The report shall not disaggregate data on teacher effectiveness status at a local school administrative unit level. Notwithstanding Article 21A of this Chapter, local school administrative units shall provide to the State Board of Education, for the purposes of this report, any North Carolina Educator Evaluation System (NCEES) effectiveness status assigned to teachers who left employment. The State Board of Education shall not report disaggregated data that reveals confidential information in a teacher's personnel file, as defined by Article 21A of this Chapter, such as making the effectiveness status personally identifiable to an individual teacher.

(e) Teacher Vacancies. – The report shall include data on teaching positions that local boards of education are unable to fill with a teacher licensed in that subject area by the fortieth school instructional day of the local school administrative unit's calendar. The report shall aggregate all data to provide both statewide information and information specific to each local school administrative units, including the following:

(1) The number of teacher vacancies by subject area.

(2) The number of teacher vacancies by school with identification of hard‑to‑staff schools."

SECTION 5.(c)  The State Board of Education shall complete the first annual report on the state of the teaching profession, including information on vacancies in the teaching profession, no later than December 15, 2017.

PART Vi. Conforming Changes

SECTION 6.(a)  G.S. 93B‑15.1(i) reads as rewritten:

"(i)       For the purposes of this section, the State Board of Education shall be considered an occupational licensing board when issuing teacher licenses under G.S. 115C‑296.Article 17E of Subchapter V of Chapter 115C of the General Statutes."

SECTION 6.(b)  G.S. 115C‑296.7(g) reads as rewritten:

"(g)      NC Teaching Corps members shall be granted lateral entry teaching residency licenses pursuant to G.S. 115C‑296.12(a).Article 17E of this Chapter."

SECTION 6.(c)  G.S. 115C‑325.1(6)a. reads as rewritten:

"a.        Who holds at least one of the following licenses issued by the State Board of Education:

1. Aa current standard professional educator's license.

2. A current lateral entry teaching license.

3. A regular, not expired, vocational license."

SECTION 6.(d)  G.S. 115C‑325.4(a)(11) reads as rewritten:

"(11)    Any cause which constitutes grounds for the revocation of the teacher's teaching license or the school administrator's administratorprofessional educator's license."

SECTION 6.(e)  G.S. 115C‑333(d) reads as rewritten:

"(d)      State Board Notification. – If a local board dismisses an employee of a low‑performing school who is a teacher with career status for any reason except a reduction in force under G.S. 115C‑325(e)(1)l., or dismisses an employee who is a teacher on contract for cause or elects to not renew an employee's contract as a result of a superintendent's recommendation under subsection (b) or (c) of this section, it shall notify the State Board of the action, and the State Board annually shall provide to all local boards the names of those individuals. If a local board hires one of these individuals, within 60 days the superintendent or the superintendent's designee shall observe the employee, develop a mandatory improvement plan to assist the employee, and submit the plan to the State Board. The State Board shall review the mandatory improvement plan and may provide comments and suggestions to the superintendent. If on the next evaluation the employee receives a rating on any standard that was identified as an area of concern on the mandatory improvement plan that is again below proficient or otherwise represents unsatisfactory or below standard performance, the local board shall notify the State Board and the State Board shall initiate a proceeding to revoke the employee's license under G.S. 115C‑296(d).G.S. 115C‑270.35. If on this next evaluation the employee receives at least a proficient rating on all of the performance standards that were identified as areas of concern on the mandatory improvement plan, the local board shall notify the State Board that the employee is in good standing and the State Board shall not continue to provide the individual's name to local boards under this subsection unless the employee is a teacher with career status and is subsequently dismissed under G.S. 115C‑325 except for a reduction in force, or the employee is a teacher on contract subsequently dismissed under G.S. 115C‑325.4."

SECTION 6.(f)  G.S. 115C‑333.1(f) reads as rewritten:

"(f)       State Board Notification. – If a local board dismisses a teacher with career status for any reason except a reduction in force under G.S. 115C‑325(e)(1)l., or dismisses a teacher on contract for cause or elects to not renew a teacher's contract as a result of a superintendent's recommendation under subsection (d) of this section, it shall notify the State Board of the action, and the State Board annually shall provide to all local boards the names of those teachers. If a local board hires one of these teachers, within 60 days the superintendent or the superintendent's designee shall observe the teacher, develop a mandatory improvement plan to assist the teacher, and submit the plan to the State Board. The State Board shall review the mandatory improvement plan and may provide comments and suggestions to the superintendent. If on the next evaluation the teacher receives a rating on any standard that was an area of concern on the mandatory improvement plan that is again below proficient or a rating that otherwise represents unsatisfactory or below standard performance, the local board shall notify the State Board, and the State Board shall initiate a proceeding to revoke the teacher's license under G.S. 115C‑296(d).G.S. 115C‑270.35. If on the next evaluation the teacher receives at least a proficient rating on all of the overall performance standards that were areas of concern on the mandatory improvement plan, the local board shall notify the State Board that the teacher is in good standing, and the State Board shall not continue to provide the teacher's name to local boards under this subsection unless the teacher has career status and is subsequently dismissed under G.S. 115C‑325 except for a reduction in force or is a teacher on contract who is subsequently dismissed under G.S. 115C‑325.4. If, however, on this next evaluation the teacher receives a developing rating on any standards that were areas of concern on the mandatory improvement plan, the teacher shall have one more year to bring the rating to proficient if the local board elects to renew the teacher's contract. If by the end of this second year the teacher is not proficient in all standards that were areas of concern on the mandatory improvement plan, the local board shall notify the State Board, and the State Board shall initiate a proceeding to revoke the teacher's license under G.S. 115C‑296(d).G.S. 115C‑270.35."

SECTION 6.(g)  G.S. 115D‑5(p) reads as rewritten:

"(p)      The North Carolina Community College System may offer courses, in accordance with the lateral entry program of study established under G.S. 115C‑296.12, Article 17D of Subchapter V of Chapter 115C of the General Statutes, to individuals who choose to enter the teaching profession by lateral entry.through residency licensure."

SECTION 6.(h)  G.S. 116‑239.5(a) reads as rewritten:

"(a)      The Board of Governors, in consultation with the constituent institutions of The University of North Carolina with educator preparation programs, shall designate eight constituent institutions to establish laboratory schools to serve public school students in accordance with the provisions of this Article. The Board of Governors shall select eight constituent institutions with quality educator preparation programs as demonstrated by the annual performance measures reported by the constituent institutions in accordance with G.S. 115C‑296.13.G.S. 115C‑269.35."

SECTION 6.(i)  G.S. 116‑239.13(5) reads as rewritten:

"(5)      Information on the student outcomes for students who are enrolled in each educator preparation program who obtained clinical experience in school leadership and teaching in the lab schools, including the performance elements reported under G.S. 115C‑296.13(b).G.S. 115C‑269.35."

SECTION 6.(j)  If House Bill 155, 2017 Regular Session, becomes law, G.S. 115C‑325(f)(1), as amended by Section 4(c) of this act, reads as rewritten:

"(f)       (1)        Suspension without Pay. – If a superintendent believes that cause exists for dismissing a career employee for any reason specified in G.S. 115C‑325(e)(1) and that immediate suspension of the career employee is necessary, the superintendent may suspend the career employee without pay. Before suspending a career employee without pay, the superintendent shall meet with the career employee and give him written notice of the charges against him, an explanation of the bases for the charges, and an opportunity to respond. However, if the teacher career employee is incarcerated or is in the custody of a local, State, private, or federal correctional facility, the superintendent shall not be required to meet with the teacher career employee before suspending that teacher employee without pay but may instead provide written notice of the charges against the teacher,employee, provide a written explanation of the basis for the charges, and provide an opportunity for the teacher employee to respond in writing. Within five days after a suspension under this paragraph, the superintendent shall initiate a dismissal, demotion, or disciplinary suspension without pay as provided in this section. If it is finally determined that no grounds for dismissal, demotion, or disciplinary suspension without pay exist, the career employee shall be reinstated immediately, shall be paid for the period of suspension, and all records of the suspension shall be removed from the career employee's personnel file."

SECTION 6.(k)  If House Bill 155, 2017 Regular Session, becomes law, G.S. 115C‑325(o)(2), as amended by Section 4(d) of this act, reads as rewritten:

"(2)      A teacher, career or probationary,career employee who is not recommended for dismissal should not resign without the consent of the superintendent unless he or she has given at least 30 days' notice. If a teacher career employee who is not recommended for dismissal does resign without giving at least 30 days' notice, the board may request that the State Board of Education revoke the teacher's career employee's license for the remainder of that school year. A copy of the request shall be placed in the teacher's career employee's personnel file. If a teacher's career employee's criminal history is relevant to the teacher's employee's resignation, regardless of whether the teacher employee has given at least 30 days' notice, the board shall report to the State Board of Education the reason for an employee's resignation." 

SECTION 6.(l)  If House Bill 155, 2017 Regular Session, becomes law, Section 2(f) of that act is repealed.

SECTION 6.(m)  If Senate Bill 257, 2017 Regular Session, becomes law, then Section 8.29(a) of S.L. 2016-94, as amended by Section 7.20(a) of Senate Bill 257, 2017 Regular Session, reads as rewritten:

"SECTION 8.29.(a)  Purpose. – The purpose of this section is to establish a pilot program for, beginning with the 2016‑2017 fiscal year, the local boards of education of the Anson County, Franklin County, Moore County, Richmond County, and Scotland County school administrative units and, beginning with the 2017‑2018 fiscal year, the local boards of education of the Alamance‑Burlington Schools, Beaufort County Schools, Bertie County Schools, Duplin County Schools, Edenton‑Chowan Schools, Edgecombe County Schools, Guilford County Schools, Halifax County Schools, Nash‑Rocky Mount Schools, Northampton County Schools, Randolph County Schools, Tyrrell County Schools, Vance County Schools, and Washington County Schools to provide tuition assistance awards to part‑time or full‑time teacher assistants working in those local school administrative units to pursue a college degree that will result in teacher licensure. Tuition assistance awards under the program may be provided for part‑time or full‑time coursework. A local board of education may grant a teacher assistant academic leave to pursue coursework that may only be taken during working hours. A teacher assistant receiving an award under the program shall fulfill the student teaching requirements of an educator preparation program by working in the teacher assistant's employing local school administrative unit. A teacher assistant shall continue to receive salary and benefits while student teaching in the local school administrative unit in accordance with G.S. 115C‑310(b).G.S. 115C-269.30(c)."

SECTION 6.(n)  If Senate Bill 257, 2017 Regular Session, becomes law, G.S. 115C-269.30, as enacted by Section 2(i) of this act, reads as rewritten: 

"§ 115C‑269.30.  Teacher assistants engaged in internships.

(a)        Program for Teacher Assistants. – The State Board shall adopt a program to facilitate the process by which teacher assistants may become teachers. Teacher assistants who participate in this program:program shall meet the following requirements:

(1)        Shall beBe enrolled in a recognized EPP.

(2)        Shall beBe employed in a North Carolina public school.

(b)        Internship Assignments. – Local school administrative units are encouraged to assign teacher assistants to a different classroom during an internship than the classroom they are assigned to as a teacher assistant. To the extent possible, they may be assigned to another school within the same local school administrative unit.

(c)        Salary and Benefits. – At the discretion of the local school administrative unit, teacherTeacher assistants may shall continue to receive their salary and benefits while interning in the same local school administrative unit where they are employed as a teacher assistant.

(d)       Consultation With Institutions of Higher Education. – The State Board shall consult with the Board of Governors of The University of North Carolina and the North Carolina Independent Colleges and Universities in the development of the program."

SECTION 6.(o)  If Senate Bill 257, 2017 Regular Session, becomes law, G.S. 115C-300.1(c), as enacted by Section 3(b) of this act, reads as rewritten:

"(c)      Mentor Teacher Training. – The State Board shall develop and coordinate a mentor teacher training program. The State Board shall develop criteria for selecting excellent, experienced, and qualified teachers to be participants in the mentor teacher training program as follows:

(1)        Mentor teachers shall be either of the following:

a.         Teachers rated, through formal evaluations, at least at the "proficient" level as part of the North Carolina Teacher Evaluation System and have met expectations for student growth.System.

b.         Retired teachers.

(2)        The principal shall determine which mentor teacher best meets the needs of each new teacher and shall assign the most appropriate mentor teacher to that new teacher, with priority consideration for those mentor teachers rated as "distinguished" and "accomplished."

(3)        If a principal determines that a teacher rated as "proficient" or a retired teacher is the most appropriate mentor for a new teacher, the principal shall maintain records of the reasons for that determination.

(4)        A teacher may be a mentor at a different school building from which the mentor is assigned if the following criteria are met:

a.         The principals of each school and the mentor teacher approve of the assignment.

b.         The mentor teacher is rated, through formal evaluations, at least at the "accomplished" level as part of the North Carolina Teacher Evaluation System and has met expectations for student growth.System.

c.         The new teacher's principal maintains a record of the reasons for selecting the mentor from a different school building."

SECTION 6.(p)  If Senate Bill 257, 2017 Regular Session, becomes law, G.S. 115C-269.25(e), as enacted by Section 2(i) of this act, reads as rewritten:

"(e)      Clinical Educator Requirements. – The EPP shall ensure clinical educators who supervise students in internships meet the following requirements:

(1)        Be professionally licensed in the field of licensure sought by the student.

(2)        Have a minimum of three years of experience in a teaching role.

(3)        Have been rated, through the educator's most recent formal evaluations, at least at the "proficient" level as part of the North Carolina Teacher Evaluation System, or the equivalent on an evaluation system utilized by another state or partner school, as applicable, and have met expectations as part of a student growth assessment system used by a school in the field of licensure sought by the student. The principal shall determine which clinical educator best meets the needs of each intern and shall assign the most appropriate clinical educator to that intern, with priority consideration for those clinical educators rated as "distinguished" and "accomplished." If a principal determines that a teacher rated as "proficient" is the most appropriate clinical educator for an intern, the principal shall maintain records of the reasons for that determination."

SECTION 6.(q)  If Senate Bill 257, 2017 Regular Session, becomes law, G.S. 115C-270.10, as enacted by Section 3(c) of this act, is amended by inserting a new subsection to read:

"(a1) Notwithstanding subsection (a) of this section, the State Board of Education shall reimburse the initial application fee for any new graduate from any recognized EPP the first time an applicant submits an application for teacher licensure, if the applicant has successfully earned an initial professional license in North Carolina. The State Board shall issue the reimbursement to the application fee within 30 days of the date the applicant successfully earns an initial professional license in North Carolina.".

PART vii. EFFECTIVE DATE

SECTION 7.(a)  This act is effective when it becomes law and applies beginning with the 2017‑2018 school year.

SECTION 7.(b)  Any rules required by this act shall be adopted by February 1, 2018.

SECTION 7.(c)  The State Board shall accept applications from EPPs for initial approval no later than March 1, 2018, for EPPs applying to accept students in the 2018‑2019 school year.

SECTION 7.(d)  An EPP approved by the State Board prior to July 1, 2017, shall be considered initially authorized until the earlier of June 30, 2020, or the date of its five‑year renewal.

SECTION 7.(e)  All EPPs operating in the State on June 30, 2018, or thereafter shall submit annual performance reports beginning with the 2018‑2019 school year. The State Board shall monitor the data quality of the annual performance reports, including checking for statistical anomalies, data availability, and any other issues the State Board deems relevant. The State Board shall report on its monitoring and recommend any legislative changes to the Joint Legislative Education Oversight Committee by December 15, 2020.

SECTION 7.(f)  The State Board shall not assign an accountability status to any EPP during the 2018‑2019, 2019‑2020, or 2020‑2021 school years but may require technical assistance to an EPP at the EPP's expense based on reported performance measures. The State Board shall only assign the accountability statuses of "warned" and "probation" during the 2021‑2022 and 2022‑2023 school years. The State Board may assign the accountability status of "revoked" beginning with the 2023‑2024 school year.

In the General Assembly read three times and ratified this the 30^th day of June, 2017.

                                                                    s/  Philip E. Berger

                                                                         President Pro Tempore of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Roy Cooper

                                                                         Governor

Approved 8:30 a.m. this 27^th day of July, 2017