Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 16 - public instruction/chapter 06 - elementary and secondary education/subchapter c/subchapter c rules.html
Published: 2015

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SUBCHAPTER 6C ‑ PERSONNEL

 

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

 

16 NCAC 06C .0101          DEFINITIONS

As used in this Subchapter:

(1)           "Convicted" or "Conviction"

means and includes the entry of:

(a)           a plea of guilty;

(b)           a verdict or finding of guilt by a jury,

judge, magistrate, or other duly constituted, established, and recognized

adjudicating body, tribunal, or official, either civilian or military; or

(c)           a plea of no contest, nolo contendere, or

the equivalent.

(2)           "Institution of higher education" (IHE) means

a senior college or university.

(3)           "Instructional personnel" means all

teachers as defined by G.S. 115C‑325, with the exception of supervisors,

and non‑teaching principals, assistant principals, social workers,

counselors and psychologists.  The term includes principals, assistant

principals, or counselors who teach any part of the day, librarians and

instructional aides, except that:

(a)           aides are not included for the purpose of

applying Rule .0403 of this Subchapter; and

(b)           aides are not included for the purpose of

applying Rule .0301 of this Subchapter.

(4)           "License" has the same meaning as the

term "certificate" as used in 16 NCAC 1A .0001(2).

(5)           "National Teachers' Examination" (NTE)

means the standard examination adopted by the SBE pursuant to G.S. 115C‑284(c),

115C‑296 and 115C‑315(d).

(6)           "Other personnel" means those persons not

included within the definition of instructional personnel.

(7)           "Part‑time employee" means a person

employed for at least 20 hours per week.

(8)           "Permanent employee" means a person who

is not a student enrolled in the school system who is employed:

(a)           other than on an interim basis, to fill a

position which is to become permanent if current needs and funds continue; or

(b)           for at least six months under one contract,

to replace one or more employees who are on leave without pay.

(9)           "Professional public school employee"

means and includes:

(a)           teachers;

(b)           administrators (superintendents, assistant

or associate superintendents, principals, assistant principals, and supervisors);

and

(c)           education specialists (counselors, school

social service workers, curriculum instructional specialists, school

psychologists, and media personnel).

(10)         "Renewal credit" means credit earned by a

certificated employee for certificate renewal purposes.

(11)         "SACS" means the Southern Association of

Colleges and Schools.

(12)         "Substitute" means a person who holds a

teacher's certificate, or who is a college graduate, or who has been determined

by a local board to be capable of performing the duties of a substitute

teacher.

(13)         "Teacher education program" means the

curriculum, instructional resources and faculty that contribute to the quality

of instruction and the acquisition of knowledge, skills and competencies

required for professional personnel to perform effectively in the public

schools.

 

History Note:        Filed as a Temporary Amendment Eff.

October 10, 1995 for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 1987;

ARRC Objection Lodged February 22, 1990;

Amended Eff. June 1, 1996; July 1, 1995; August 1, 1990.

16 NCAC 06C .0102          NATURE OF

LICENSURE

(a)  The SBE shall exercise its licensing authority through

the department in two general areas:

(1)           The SBE shall consider for approval the

teacher education programs of IHEs that belong to the SACS and that meet the

requirements of Rule .0202 of this Subchapter.  The SBE shall award or deny

approval to teacher education programs by the process described in 16 NCAC 6C

.0202.

(2)           The SBE shall award licenses to individuals

who desire to obtain employment as a professional public school

employees and who meet the requirements of Section .0300 of this Subchapter. 

The SBE shall act on personnel license requests according to the process

contained in 16 NCAC 6C .0301.

(b)  The SBE shall base its approval on the requirements

that are in effect at the time the IHE or the individual applies for approval.

 

History Note:        Authority G.S. 115C‑284(c); 115C‑296;

115C‑315(d);

                                Eff. July 1, 1986;

                                Amended Eff. August 1, 2000.

 

16 NCAC 06C .0103          STATE BOARD OF EDUCATION ACTION

 

History Note:        Authority G.S. 115C‑284(c); 115C‑296;

115C‑315(d);

                                Eff. July 1, 1986;

                                Repealed Eff. August 1, 2000.

 

SECTION .0200 ‑ TEACHER EDUCATION

 

16 NCAC 06C .0201          STATE EVALUATION COMMITTEE ON TEACHER

EDUCATION

(a)  The SBE appoints a state evaluation

committee on teacher education of 18 lay and professional representatives from

all levels of education.  Members serve three year staggered terms, and may

consecutively serve no more than two terms.  The SBE designates the chairman

and secretary of the committee.

(b)  The committee performs the following

functions:

(1)           reviews findings related to

the compliance of IHEs with SBE rules for approval of teacher education

programs, and

(2)           makes reports and

recommendations to the SBE regarding teacher education program approval, based

on the SBE rules.

 

History Note:        Authority G.S. 115C‑12(9)a.;

115C-296(b); N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 1992; March 1, 1990.

 

 

 

16 NCAC 06C .0202          APPLICATION FOR APPROVAL; CRITERIA

(a)  Each IHE that seeks approval for any teacher education

program must file with the department a preliminary application.

(b)  The IHE shall engage in self-study in accordance with

the existing National Council for Accreditation of Teacher Education

(NCATE)/state or the Teacher Education Accreditation

Council (TEAC)/state protocol agreement.

(c)  When the IHE has completed all preparation phases of

the self-study, the department shall send a visitation committee to verify the

reports for all specialty areas for which approval is sought.

(d)  The SBE shall notify IHEs that are denied approval of

the reasons for denial. The IHE may reapply after it has corrected the

conditions that led to the denial of approval.

(e)  Each approved IHE shall continually review its

programs. The SBE shall annually monitor student performance based upon

required examinations and progression toward continuing licensure. The IHE may

request or the SBE may conduct a re-evaluation at any time.

(f)  During the final year of the current approval period,

the IHE shall arrange for a re-approval committee visit.

(g)  The SBE must approve any revisions to approved

programs.

(h)  The SBE must approve each teacher education program

before an IHE may recommend its graduates for licensure. In making

recommendations to the SBE and in determining the approval status of an IHE

teacher education program and its specialty area program, such as mathematics

or science, the state evaluation committee and the SBE, respectively, shall

weigh the following criteria:

(1)           SACS accreditation of the IHE;

(2)           either:

(A)          full accreditation or accreditation with

stipulations of the professional education unit by the NCATE at the basic and

advanced levels, as appropriate; or

(B)          full accreditation or provisional accreditation of

the program(s) by TEAC;

(3)           all IHE specialty area program reports at

the undergraduate and graduate levels;

(4)           evidence that the IHE requires at least a

2.50 grade point average on a 4.00 scale for formal admission into teacher

education;

(5)           evidence that during the two preceding

consecutive years, 70% of the graduates of the IHE have passed the NTE/PRAXIS

exams administered by the Educational Testing Service to measure an applicant's

academic and professional preparation and required for licensure;

(6)           evidence that during the two preceding

consecutive years, 95% of the graduates of the IHE employed by public schools

in the State have earned a continuing license as provided by Rule .0304 of this

Subchapter; and

(7)           evidence that faculty members assigned by

the IHE to teach undergraduate or graduate methods courses or to supervise

field experiences for prospective teachers hold valid North Carolina teachers'

licenses in the area(s) of their assigned responsibilities.

 

History Note:        Authority G.S. 115C‑12(9)a.;

115C-296(b); N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 2004; August 1, 2000; July 1,

1993; December 1, 1992; March 1, 1990.

 

16 NCAC 06C .0203          INSTITUTIONAL POLICIES

16 NCAC 06C .0204          TEACHER EDUCATION POLICIES AND

PROCEDURES

 

History Note:        Authority G.S. 115C‑12(9)a; N.C.

Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Repealed Eff. March 1, 1990.

 

 

 

16 NCAC 06C .0205          STATE BOARD REVIEW STANDARDS AND

APPROVAL ACTIONS

 

History Note:        Authority G.S. 115C‑12(9)a;

115C-296(b); N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 1992; May 1,

1991; March 1, 1990;

Repealed Eff. August 1, 2000.

 

16 NCAC 06C .0206          CONSORTIUM-BASED PROGRAMS AND

INNOVATIVE/EXPERIMENTAL PROGRAMS

 

History Note:        Authority G.S. 115C‑12(9)a;

115C-296(b); N.C. Constitution, Article IX, s. 5;

                                Eff. July 1, 1986;

                                Amended Eff. December 1, 1992;

                                Repealed Eff. August 1, 2000.

 

16 NCAC 06C .0207          PROSPECTIVE TEACHER SCHOLARSHIP LOANS

 

History Note:        Authority G.S. 115C‑471;

Eff. September 1, 1991;

Amended Eff. August 1, 2000; July 1, 1995;

Repealed Eff. January 1, 2006 (see S.L. 2005-276, s.

9.17).

 

16 NCAC 06C .0301          GENERAL INFORMATION

(a)  Any person who desires to obtain employment from a LEA

in a professional position shall apply for and obtain a license from the

department. Each applicant shall file an application together with an official transcript(s),

a recommendation by a designated official of the approved IHE where preparation

was completed, and the licensure fee specified in G.S. 115C-296(a2).

(b)  The department shall evaluate each application and its

supporting documentation and shall notify each applicant of the action it

takes.

(c)  An applicant who desires to upgrade, renew or add new

fields to a license shall supply documentation to the department that supports

the desired action.

(d)  A class "A" teaching license may be changed from

early childhood, intermediate, middle grades or secondary to either of the

other categories upon the applicant's completion of the program for the

license. An applicant who secures credit as provided in Rule .0302 of this

Section for new subject or teaching fields may have these fields added to a

teaching license.

(e)  The department shall base the effective date of a

license on the date the applicant completed the educational program

requirements for the license. For applicants who completed these requirements

before the current fiscal year in which the application is processed, the

effective date shall be July 1. For applicants who have completed these

requirements within the current fiscal year in which the application is

processed, the effective date shall be the date the applicant completed the

requirements. Every license shall expire on June 30 unless it is renewed or

extended in accordance with the provisions of this Section. A provisional

license issued pursuant to Rule .0305(c) of this Section shall be valid for one

year. A lateral entry license issued pursuant to Rule .0305(b) of this Section

shall be valid for two years. The initial license issued pursuant to Rule

.0304(c)(1) of this Section shall be valid for three years. The continuing license

issued pursuant to Rule .0304(c)(2) of this Section shall be valid for five

years.

(f)  Any licensed person may apply to the department on

forms that it shall furnish for a duplicate license, in the event the original

is lost, or for the change of the applicant's name.

(g)  Professional personnel may be assigned only to areas in

which the individual holds a license, a provisional license, endorsement or

provisional endorsement as required by the department. The LEA may assign any

licensed teacher who is the best qualified to teach remedial courses,

regardless of license area. This provision shall not apply to any vocational

license that has been restricted by the department as a part of completing

licensure requirements.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990.

 

16 ncac 06c .0302          CREDIT

(a)  The department shall compute all credit for licensure,

including residence, extension and correspondence credit, in semester hours. 

The department shall compute credit for re-licensing or renewal purposes in

quarter hours. A quarter hour shall have the value of two-thirds of a semester

hour.

(b)  The department may accept extension and correspondence

credit earned from an IHE that has been accredited by a national or regional

accrediting authority such as SACS at the class "A" license level and

below, for purposes of renewal, adding a teaching subject and removing

deficiencies.  The department shall allow no more than six semester hours of

correspondence credit per certificate action. For purposes of upgrading

undergraduate licenses, a maximum of 10 of the 30 semester hours required for

raising the license to the next higher level may be extension and

correspondence credit. The IHE that has been approved under Rule .0202 of this

Subchapter shall accept all credits applying to graduate licenses and licenses

in the special services areas, including all licenses above the "A"

level.

(c)  When a person earns credits in more than one IHE before

obtaining a degree, the person shall transfer the credit to an IHE that has

been approved under Rule .0202 of this Subchapter that the person has attended

or expects to attend.  The person must be enrolled in a teacher education

curriculum at the IHE that has been approved under Rule .0202 of this

Subchapter.

(d)  A person may use credit used for renewal or

reinstatement of a license of lower rank toward upgrading a license.

(e)  The department shall retain all credits submitted to

it. The department shall not return transcripts nor furnish certified copies of

credits to applicants.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000.

 

16 NCAC 06C .0303          PROGRAM REQUIREMENTS FOR LICENSURE

In order to receive the initial regular license, an

applicant must obtain the bachelor's or other required degree as specified in

Paragraph (b) of Rule .0304 of this Section.  The applicant must also receive a

recommendation from the IHE that includes the approval or endorsement of the

administrative head of the professional education unit.  The IHE must determine

that the candidate has satisfied all minimum score requirements on standard

examinations specified by the SBE before it makes a recommendation.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000.

 

16 ncac 06c .0304          LICENSE PATTERNS

(a)  Licenses shall indicate grade levels, content areas and

specializations for which the professional shall be eligible for employment.

(b)  Licenses shall be of the following types:

(1)           Teacher. The license shall entitle the

holder to teach in some designated area of specialization at the elementary,

middle, or secondary level. There shall be four levels of preparation:

(A)          bachelor's degree (A level);

(B)          master's degree (G level);

(C)          sixth-year (AG level); and

(D)          doctorate (DG level).

The teacher license shall further

be categorized as prekindergarten B-K, elementary K-6, middle grades 6-9,

secondary 9-12, special subjects K-12, or work force development.

(2)           Administrator/supervisor. The holder may

serve in generalist and program administrator roles such as superintendent,

assistant or associate superintendent, principal, assistant principal or

curriculum-instructional specialist. There shall be three levels of

preparation:

(A)          master's degree;

(B)          sixth-year; and

(C)          doctorate.

A person shall be eligible to

serve as a superintendent without qualifying for or holding a license as long

as the person has earned at least a bachelor's degree from a regionally

accredited college or university and has a minimum of five years leadership or

managerial experience that the employing local board of education considers

relevant to the position of superintendent.

(3)           Student services area. The holder may

provide specialized assistance to the learner, the teacher, the administrator

and the education program in general. This category shall include school

counseling, school social work, school psychology, audiology, speech language

pathology, and media. There shall be three levels of preparation as in the case

of the administrator/supervisor, except that school psychology shall be

restricted to the sixth-year or doctorate levels and school social work may be

earned at the bachelor's level.

(c)  The department shall base license classification on the

level and degree of career development and competence. There shall be two

classifications of licenses:

(1)           The Standard Professional License I, which

shall be valid for three years, shall allow the holder to begin practicing the

profession on an independent basis in North Carolina. To be issued a Standard

Professional License I, the individual must complete a teacher education

program approved in accordance with these Rules and meet the federal

requirement to be designated "highly qualified."

(2)           The Standard Professional License II shall

authorize professional school service on an ongoing basis, subject to renewal

every five years.

 

History Note:        Authority G.S. 115C-12(9)a;115C-271(a);

N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Temporary Amendment Eff. December 17, 2001;

Amended Eff. January 2, 2006; April 1, 2003.

 

16 NCAC 06C .0305          LICENSES FOR NON-TEACHER EDUCATION

GRADUATES

(a)  A person who has not graduated from a teacher education

program that has been approved under Rule .0202 of this Subchapter who later

desires to teach shall have his/her credentials evaluated by an IHE approved in

accordance with these Rules or regional alternative licensing center ("RALC"). 

The person shall satisfy the assessment of his/her needs and be recommended by

the IHE or RALC for a license.

(b)  Persons who have been selected for employment by a LEA

under the lateral entry provisions of G.S. 115C-296(c) may obtain a license as

follows:

(1)           To be eligible for a lateral entry license,

a person shall:

(A)          have attained a bachelor's degree in the license

area from a regionally-accredited IHE;

(B)          be recommended for a lateral entry license by the employing

LEA; and

(C)          have had a minimum cumulative grade point average of

at least a 2.5, have five years of experience considered relevant by the

employing LEA, or have passed the NTE PRAXIS 1 exams (Preprofessional Skills

Tests in Reading, Writing, and Mathematics) and have attained one of the

following:

(i)            a grade point average of at least 3.0 on all

work completed in the senior year;

(ii)           a grade point average of at least 3.0 in the

major; or

(iii)          a grade point average of at least 3.0 on a

minimum of 15 semester hours of coursework completed within the last 5 years.

(2)           A person who holds a lateral entry license

shall complete a program that includes the following components:

(A)          completion of an approved teacher education program

in the area of licensure at a college or university or completion of a program

of study outlined by the RALC;

(B)          attaining a passing score on the PRAXIS subject

exam(s) during the first two school years of holding the lateral entry license

if the exam was not the basis of qualifying for the license;

(C)          completion of a staff development program that

includes a two-week training course prior to beginning the work assignment;

(D)          completion of six semester hours of course work in

the approved program each school year;

(E)           successful completion of at least a three-year

initial licensure program in the lateral entry license area; and

(F)           completion of all the requirements of this Subparagraph

within three years of becoming eligible for a lateral entry license and the

recommendation of the IHE or RALC for a non-provisional (clear) license.

(3)           Individuals who possess five or more years

of experience considered relevant by the employing LEA and who satisfy testing

requirements for the licensure area within the first year of teaching shall be

issued an initial license upon:

(A)          completion of the NC TEACH modules or the equivalent

through an approved teacher education program: 1) The Teacher, The Learner, and

The School; 2) Diversity; 3) Content Area Pedagogy;

NOTE: The NC TEACH modules are offered

and administered through North Carolina colleges and universities that have

approved teacher education preparation programs.

(B)          completion of the NC TEACH module on Instructional

Technology or its equivalent through an approved teacher education program,

community college, or through professional development offered by the employing

LEA; and

(C)          completion of one year of successful teaching as

verified by the employing LEA.

(4)           The employing LEA shall commit in writing

to:

(A)          provide a two-week pre-work orientation that

includes lesson planning, classroom organization, classroom management, and an

overview of the ABCs Program including the standard course of study and

end-of-grade and end-of-course testing;

(B)          assign the person a mentor on or before the first

day on the job;

(C)          provide working conditions that are similar to those

for novice teachers;

(D)          give regular focused feedback to the person for

improving instruction; and

(E)           assist the person in accessing prescribed course

work and professional development opportunities.

(c)  A person who is qualified to hold at least a class

"A" teaching license may be issued additional areas of licensure on a

provisional basis as needed by LEAs. The person must satisfy deficiencies for

full licensure at the rate of six semester hours per year. The person must

complete this yearly credit before the beginning of the following school year

and the credit must be directly applicable to the provisional area(s). The

person must complete all credit requirements by the end of the fifth year of

provisional licensure.

(d)  The Department shall issue an emergency license to

persons who hold at least a baccalaureate degree but who do not qualify for a

lateral entry license. The emergency license shall be valid for one year and

may not be renewed. When it requests an emergency license for a person, the LEA

must document that no appropriately licensed professionals or persons who are

eligible for a lateral entry license are available to accept the position.

(1)           To be eligible for an emergency license,

the person must have attained a bachelor's degree from a regionally-accredited

IHE and be recommended by the employing LEA.

(2)           A person who holds an emergency license

shall complete a program that includes the following components:

(A)          The employing LEA shall commit in writing to:

(i)            provide a two-week pre-work orientation that

includes lesson planning, classroom organization, classroom management, and an

overview of the ABCs Program including the standard course of study and

end-of-grade and end-of-course testing;

(ii)           assign the person a mentor on or before the

first day on the job;

(iii)          provide working conditions that are similar to

those for novice teachers;

(iv)          give regular focused feedback to the person for

improving instruction; and

(v)           assist the person in obtaining a teaching

license.

(B)          The person shall complete a staff development

program that includes a two-week training course prior to beginning the work

assignment.

(C)          The LEA shall provide the person with on-going

support designed to enhance the person's classroom teaching performance.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. January 2, 2006; August 1, 2000; March 1,

1990.

 

16 NCAC 06C .0306          LICENSE ENDORSEMENT

Within the operation of programs approved under Rule .0202

of this Subchapter, IHEs may recommend persons who qualify for full licensure

for an endorsement to that license.  The department shall issue an endorsement based

on a minimum of 18 hours in a specific content area where these hours are

specifically related to that license area.  License endorsements shall be

restricted to less than half-time teaching assignments.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990.

 

16 NCAC 06C .0307          LICENSE RENEWAL

(a)  Licenses shall be valid for a period of five years from

the effective date of issuance. Holders must renew their licenses within each

five-year period. The Department shall apply license renewal credit to the

person's license field(s) and professional duties.

(b)  The Department shall base renewal or reinstatement of a

license on 15 units of renewal credit. A unit of credit shall be equal to one

quarter hour or two-thirds of a semester hour of IHE college or university

credit, 10 hours of professional development, or one school year of teaching

experience.

(c)  Effective July 1, 2007, school administrators shall

earn at least five renewal credits during each renewal cycle that focus on the

principal's role in teacher effectiveness, teacher evaluations, teacher support

programs, teacher leadership, teacher empowerment, and teacher retention.

(d)  Currently employed personnel shall maintain an

individual growth plan. These persons may obtain renewal credit for the following

activities:

(1)           college or university credit;

(2)           teaching experience (one unit for each

year);

(3)           earning National Board for Professional

Teaching Standards certification or completion of the National Board for

Professional Teaching Standards certification process, which shall result in

fifteen units of renewal credit;

(4)           completing National Board for Professional

Teaching Standards certification renewal, which shall result in five units of

renewal credit;

(5)           completion of activities that meet the following

criteria based upon one unit of renewal credit per 10 clock hours:

(A)          the activity shall be delivered in a minimum of 10

clock hours over time with on-the-job application, feedback, and follow-up;

(B)          the activity shall have identified goals and objectives

that are designed to increase knowledge or skills in the person's license area

or job assignment;

(C)          the activity shall include focused content and

instruction that are sequenced to develop specified competencies of a specific

population;

(D)          the activity shall be conducted by instructional

personnel approved by the sponsoring school unit or employer; and

(E)           the activity shall include a focused evaluation

designed to gauge the change in learner knowledge or skill and to guide the

development of future programs;

(6)           independent study of no more than five

units of renewal credit per five-year renewal period which meets the following

criteria:

(A)          teachers and other licensed personnel help to

develop local independent study procedures which the superintendent shall keep

on file and periodically send to each licensed employee; and

(B)          the employee and the superintendent or his or her

designee shall plan the experience in advance, including identification of

competencies to be acquired and an evaluation to determine satisfactory

achievement of those competencies.

(e)  LEAs and governing boards of schools shall assure that

all local courses, workshops and independent study activities which do not

carry IHE credit meet the standards contained in this Rule.

(f)  LEAs may develop an alternative license renewal plan

that is competency-based and results-oriented. The plan must describe the

connection among professional development, the school improvement plan, and the

individual's license area or job responsibilities through processes such as

peer review and annual evaluation.  The plan may waive specific hour

requirements that a licensed employee must meet and focus instead on knowledge

and skill acquired by participants. The plan must include outcome measures and

must be submitted to the Department for review in advance of its

implementation.

(g)  LEAs must adopt a procedure to determine the

appropriateness of credit in advance of renewal activities.  In determining

appropriateness the LEA must consider direct relationship to critical job

responsibilities, school improvement plans, and SBE strategic priorities to

properly establish credit for the activity. Each LEA must report on

participation in and effectiveness of professional development to the North Carolina

Professional Teaching Standards Commission on an annual basis.

(h)  Persons who hold a North Carolina license but who are

not currently employed in the public schools or by governing boards of

nonpublic schools may earn renewal credit in college or university credit

activities, or local courses and workshops on the same basis as currently

employed persons.  The Department shall evaluate the appropriateness of the

credits based on their direct relationship to the license field, the

suitability of the content level, and the requirements set out in Paragraph (d)

of this Rule.

 

History Note:        Authority G.S. 115C‑12(9)(a); N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. January 2, 2006; August 1, 2000; January 2,

1998; July 1, 1994; December 1, 1991.

 

16 NCAC 06C .0308          EXPIRED LICENSES

All expired licenses shall be invalid until reinstated. An

applicant must earn a minimum of 15 units of credit during the five-year period

immediately preceding the date of application for reinstatement to be eligible for

reinstatement. A reinstated license shall be valid for a five-year period that

begins from the date of completion of the required credits.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000.

 

16 NCAC 06C .0309          RECIPROCITY IN LICENSURE

Persons who have not completed a teacher education program

in this state that has been approved under Rule .0202 of this Subchapter shall

be eligible for a license by the department at the class "A" level as

follows:

(1)           graduates of institutions outside the state that

are accredited by the National Council for Accreditation of Teacher Education,

provided that:

(a)           the applicant seeks a license in his major

area(s) of preparation;

(b)           the applicant is recommended by the

preparing institution for a license in his major area(s) of preparation;

(c)           the recommendation is supported by an

official transcript supplied by the institution; and

(d)           the applicant seeks a license in an area or

level of teaching for which the department provides a license;

(2)           teachers accepted from other states under G.S.

115C-349 through 115C-358;

(3)           graduates who meet the standards developed by the

National Association of State Directors of Teacher Education and Certification;

and

(4)           teacher education graduates of out-of-state

institutions that are accredited by a national or regional accrediting

authority such as SACS who do not meet the requirements of Items (1)-(3) of

this Rule, as follows:

(a)           The department shall issue a reciprocity

license, which is a provisional license that is valid for one year. The

department shall remove the provisional limitation after the person has taught

for one school year.

(b)           The license shall cover only the areas and

levels in which the applicant holds, or is qualified to hold, an out-of-state

license.

(c)           A person who holds a reciprocity license

must satisfy the renewal requirements of Rule .0307 of this Section.

(d)           The applicant must hold or be qualified to

hold the highest grade current license in the state in which the applicant

completed the bachelor's level teacher education program.

 

History Note:        Authority G.S. 115C‑12(9)a; N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990.

 

16 NCAC 06C .0310          STANDARD EXAMINATIONS

 

History Note:        Authority G.S. 115C‑12(9)a.; N.C.

Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. February 1, 1995; July 1, 1994; July 1,

1993; May 1, 1991;

Codifier determined that agency findings did not meet

criteria for temporary rule;

Temporary Amendment Eff. July 30, 1997;

Repealed Eff. March 5, 1998 pursuant to S.L. 1997-383.

 

 

 

16 NCAC 06C .0311          TEMPORARY PERMIT

(a)  A candidate for a license who has not met the standard

examinations requirement shall receive a temporary permit if:

(1)           the candidate did not know that a minimum

standard examination score was required for a license; and

(2)           the candidate has not had the opportunity

to satisfy this requirement after becoming aware of it.

(b)  A temporary permit shall be valid for the remainder of

the fiscal year during which the permit is established. Graduates of in-state

programs approved under Rule .0202 of this Subchapter shall not be eligible for

a temporary permit.

 

History Note:        Authority G.S. 115C-12(9)a.; N.C.

Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Temporary Amendment Eff. June 20, 2001;

Temporary Amendment Expired March 29, 2002.

 

16 NCAC 06C .0312          LICENSE

SUSPENSION AND REVOCATION

(a)  Except for automatic revocations taken pursuant to G.S.

115C-296(d)(2), the SBE may deny an application for a license or may suspend or

revoke a license issued by the department only for the following reasons:

(1)           fraud, material misrepresentation or

concealment in the application for the license;

(2)           changes in or corrections of the license

documentation that make the individual ineligible to hold a license;

(3)           conviction or entry of a plea of no

contest, as an adult, of a crime if there is a reasonable and adverse

relationship between the underlying crime and the continuing ability of the

person to perform any of his/her professional functions in an effective manner;

(4)           final dismissal of a person by a local

board pursuant to G.S. 115C-325(e)(1)b., if there is a reasonable and adverse

relationship between the underlying misconduct and the continuing ability of

the person to perform any of his/her professional functions effectively;

(5)           final dismissal of a person by a LEA under

G.S. 115C-325(e)(1)e.;

(6)           resignation from employment with a LEA

without thirty work days' notice, except with the prior consent of the local

superintendent;

(7)           revocation of a license by another state;

(8)           any other illegal, unethical or lascivious

conduct by a person, if there is a reasonable and adverse relationship between

the underlying conduct and the continuing ability of the person to perform any

of his/her professional functions in an effective manner; and

(9)           failure to report revocable conduct as

required under Paragraph (b) of this Rule.

(b)  In addition to any duty to report suspected child abuse

under G.S. 7B-301, any superintendent, assistant superintendent, associate

superintendent, personnel administrator or principal who knows or has reason to

believe that a licensed employee of the LEA has engaged in behavior that would

justify revocation of the employee's license under Subparagraphs (3), (4) or

(8) of Paragraph (a) of this Rule and which behavior involves physical or

sexual abuse of a child shall report that information to the Superintendent of

Public Instruction no later than five working days after the date of a

dismissal or other disciplinary action or the acceptance of a resignation based

upon that conduct.  For purposes of this section, the term "physical

abuse" shall mean the infliction of physical injury other than by accidental

means and other than in self-defense. The term "sexual abuse" shall

mean the commission of any sexual act upon a student or causing a student to

commit a sexual act, regardless of the age of the student and regardless of the

presence or absence of consent. This paragraph shall apply to acts that occur

on or after October 1, 1993.

(c) Upon the receipt of a written request and substantiating

information from any LEA, local superintendent or other person in a position to

present information as a basis for the suspension or revocation of a person's

license, the Superintendent of Public Instruction shall conduct an

investigation sufficient to determine whether reasonable cause exists to

believe that the person's license should be suspended or revoked.  If the Superintendent

determines that reasonable cause exists to believe that the person's license

should be suspended or revoked on one or more of the grounds specified in

Paragraph (a) of this Rule, the Superintendent shall prepare and file written

charges with the SBE.  The SBE shall review the written charges and determine

whether the person's license should be suspended or revoked based on the

information contained in the written charges. If the SBE determines that the

written charges constitute grounds for suspension or revocation, it shall

provide the person with a copy of the written charges, and notify the person

that it shall revoke the person's license unless the person, within 60 days of

receipt of notice, initiates administrative proceedings under G.S. 150B-3.  The

notice shall be sent certified mail, return receipt requested.  If the person

initiates administrative proceedings the SBE shall defer final action on the

matter until receipt of a proposed decision as provided for in G.S. 150B-34. If

the person does not initiate administrative proceedings within 60 days of

receipt of notice, the SBE may suspend or revoke the person's license at its

next meeting.

(d)  The SBE may suspend an individual's license for a

stated period of time or may permanently revoke the license, except as limited

by G.S. 115C-325(o).

(e)  The SBE may accept the voluntary surrender of a license

in lieu of seeking revocation of the license. Before it accepts a voluntary

surrender the SBE shall make findings of fact regarding the circumstances

surrounding the voluntary surrender to demonstrate that grounds existed under

which the SBE could have initiated license revocation proceedings. The SBE

shall treat a voluntary surrender the same as a revocation.

(f)  The SBE may reinstate a suspended or revoked license or

may grant a new license after denial of a license under Paragraph (a) of this

Rule upon an individual's application submitted no sooner than six months after

the suspension, revocation, or denial, and a showing that:

(1)           the action that resulted in suspension, revocation

or denial of the license did not involve abuse of minors; moral turpitude or

grounds listed in G.S. 115C-325(e)(1)b;

(2)           the person has no record of subsequent

behavior that could have resulted in license revocation; and

(3)           there is no court order or judicial

determination that would prohibit the person from returning to or holding a licensed

position.

(g)  The SBE shall notify all other states of all actions

which involve the, suspension, revocation, surrender, or reinstatement of a

certificate.

 

History Note:        Authority G.S. 115C‑12(9)a.; N.C.

Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. January 1, 1988;

ARRC Objection Lodged Eff. February 22, 1990;

ARRC Objection Removed Eff. March 15, 1990;

Amended Eff. December 1, 2004; August 1, 2000; October 1, 1993; November 1, 1990; August 1, 1990.

 

16 NCAC 06C .0313          CRIMINAL HISTORY CHECKS

(a)  An LEA may obtain criminal history checks on applicants

for employment as provided in G.S. 115C-332 and on applicants and current

employees as provided in G.S. 114-19.2(a).

(b)  An LEA shall not make any employment decision based

solely upon the criminal history check (computer printout) provided by the

Department of Justice whether provided pursuant to G.S. 115C-332 or G.S.

114-19.2(a). An LEA shall obtain from the repository of the record a certified

copy of the applicant's or employee's conviction or shall consult with legal

counsel prior to making a final employment decision based on the conviction.

(c)  An LEA shall maintain data from a criminal history

check from Department of Justice in paper format only, in a locked, secure

place, separate from the individual's personnel file. Only those officials who

have been designated by the local board of education as having a need to know

the results of a criminal history check may obtain access to the records.

Certified copies of records of convictions are public records and need not be

maintained in accordance with this Rule.

(d)  In the event that the LEA discovers as a result of a

criminal history check from Department of Justice that any applicant or employee

who possesses a license issued by the SBE has a criminal history, the LEA shall

notify in writing the SBE office of legal counsel and shall submit to that

office a certified copy of the record of conviction or convictions or

information of where to obtain the record of conviction, including the person's

name, criminal case number and the county of conviction. The office of legal

counsel may initiate license revocation as appropriate.

(e)  Nothing in this Rule is intended to prohibit suspension

with or without pay or demotion or dismissal pursuant to the provisions of G.S.

115C-325 without any requirement that there be actual conviction of a crime.

 

History Note:        Filed as a Temporary Adoption Eff.

October 10, 1995 for a period of 180 days or until the permanent rule becomes

effective, whichever is sooner;

Authority 1995 S.L., c. 373, s. 3;

Eff. June 1, 1996;

Amended Eff. August 1, 2000.

 

section .0400 – annuities and pensions

 

16 NCAC 06C .0401          VACATION LEAVE

(a)  All full-time or part-time permanent public school

employees who are working or on paid leave for at least one-half of the

calendar days in a month shall earn vacation leave, based on length of state

service in North Carolina.

(b)  A part-time permanent employee in a budgeted position

shall earn vacation leave on a pro rata basis.

(c)  Local boards of education may choose to record leave

earned in hours. If leave is recorded in hours, the leave earned as indicated

in this Paragraph shall be multiplied times the regular number of hours worked

per day. Employees shall earn vacation leave as follows:

                Yrs. of                                                                    Days

Per Month

                State Service                                                         of

Employment

Less than 2 yrs.                                                    1.00

2 but less than 5 yrs.                                           1.15

5 but less than 10 yrs.                                         1.40

10 but less than 15 yrs.                                       1.65

15 but less than 20 yrs.                                       1.90

20 yrs. or more                                                     2.15

(d)  LEAs shall credit state service for full-time or

part-time permanent employment figured on the same basis as for longevity pay.

The LEA must establish the anniversary date for each employee on the basis of

the employee's state service.

(e)  The LEA may advance vacation leave to an employee.

(f)  The LEA shall transfer unused vacation leave when an

employee transfers between LEAs. An employee may have leave transferred to or

from a state agency or institution, community college or technical institute, a

position subject to the State Personnel Act in a local mental health center,

public health, social services or emergency management agency, if the receiving

agency is willing to accept the leave; otherwise, the employee shall be paid in

a lump sum for accumulated leave not to exceed 30 workdays or 240 hours,

according to the earning rate.

(g)  Leave payment at separation shall be subject to the

following:

(1)           An employee who is overdrawn on leave when

he or she separates will have the excess leave corrected through a deduction

from the final salary check.

(2)           Payment for leave may be made on the

regular payroll or on a supplemental payroll. The LEA shall make payment from

the same source of funds and in the same proportion as the employee's salary is

paid.

(3)           Terminal leave payment shall be subject to

the same deductions as salary, including retirement.

(4)           The receipt of lump sum payment and

retirement benefit shall not be deemed dual compensation.

(5)           The LEA shall make payment for unpaid

salary, terminal leave and travel of a deceased employee to the personal

representative of the deceased employee, or if there is no personal

representative, to the Clerk of Superior Court of the county in which the

employee resided.

(h)  Each LEA shall maintain leave records for all

employees. LEAs must inform employees of their leave balances at least once a

year. LEAs must retain leave records for separated employees for at least five

years from the date of separation.

(i)  Leave must be taken in one-half days, whole days, or

hours as determined for earning purposes by the local board.

(j)  School bus drivers and instructional personnel who

require a substitute may take vacation leave only on days when students are not

in attendance. Instructional personnel who do not require a substitute may take

vacation leave on any day school is in session. LEAs may designate specific scheduled

workdays for required attendance.  Employees may charge leave taken only to

scheduled teacher workdays and the ten vacation leave days scheduled in the

school calendar.

(k)  Other employees may take vacation leave instead of sick

leave. These employees must have an opportunity to take annual leave earned in

the school year.

 

History Note:        Authority G.S. 115C-272; 115C-285;

115C-302.1; 115C-316;

Eff. July 1, 1986;

Amended Eff. July 1, 1994; October 1, 1993; December 1,

1991; March 1, 1990;

Temporary Amendment Eff. November 15, 1995;

Amended Eff. July 1, 2001.

 

16 NCAC 06C .0402          SICK LEAVE

(a)  Public school employees who earn vacation leave shall

also earn sick leave. Full-time employees shall earn one day per month or the

number of hours worked daily by a full time employee in that class of work.

Part-time employees shall earn and may use sick leave in proportion to the part

of the day for which they are employed.

(b)  The LEA may allow sick leave to be used for temporary

disability which prevents an employee from performing his or her usual duties,

illness in the employee's immediate family and attendant medical appointments

which require the employee's attendance, death in the immediate family and

medical appointments for the employee.  For purposes of this Rule the term

immediate family shall include spouse, children, parents, brothers, sisters,

grandparents, grandchildren, and dependents living in the household.  The term

shall also include the step, half, and in-law relationships.  An employee of

any public school system may contribute vacation or sick leave to another

immediate family member who is employed by any State agency or public school

system.

(c)  Employees must take leave in one-half days, whole days,

or hours as determined for earning purposes by the local board.

(d)  Employees may accumulate sick leave indefinitely and

may transfer sick leave as in the case of vacation leave.

(e)  LEAs may advance sick leave not to exceed the amount

which would be earned within the school year.

(f)  An employee who is overdrawn on sick leave when the

employee separates from service will have the excess leave corrected through a

deduction from the final salary check.

(g)  If the period of sick leave taken is less than 30 days,

the employee will return to his or her position with the LEA. If the period of

temporary disability exceeds 30 days, the superintendent shall determine when

the employee is to be reinstated. The superintendent makes this decision based

on the welfare of the students and the need for continuity of instruction.

(h)  The LEA shall credit an employee who separates from

service and returns within 60 months with all sick leave accumulated to the

time of separation.

(i)  Permanent full or part-time instructional personnel,

excluding teacher assistants, who are absent due to their personal illness or

injury in excess of their accumulated sick leave, shall be allowed extended

sick leave of up to 20 work days throughout the regular term of employment. 

These days do not have to be consecutive. A new employee must have reported to

work to be eligible for extended sick leave. The superintendent may require a

doctor's certificate or other proof acceptable to the superintendent of the

reason for the absence.

(j)  An LEA may establish a voluntary sick leave bank for

its employees.  Any employee of an LEA that establishes a voluntary sick leave

bank may, but is not required to, participate in the voluntary sick leave bank.

(1)           The LEA shall develop and implement a plan

for participation that shall include those factors listed in G.S.

115C-336(b)(i)-(vii) and the following:

(A)          a uniform number of days to be contributed to the

bank by participants;

(B)          provisions for legitimate usage of days by

participants;

(C)          means to protect against overdraft of total

contributed days; and

(D)          safeguards to prevent abuses by participants.

(2)           The LEA shall establish a sick leave bank

committee to administer the sick leave bank.

(A)          The LEA shall assure that all local personnel are

equitably represented on the committee.

(B)          The LEA shall develop operational rules for the

efficient and effective functioning of the bank.

(C)          The LEA shall develop procedures for participants’

usage of days based upon requirements in the plan.

(D)          The LEA shall specify the limits of the committee’s

authority.

(E)           The committee shall notify all participating

employees of the ways in which their participation will affect their state

retirement account.

(3)           The LEA shall ensure that its operational

procedures require:

(A)          that payment of substitutes and matching social

security are charged to the appropriate program report code; and

(B)          the reporting to the division of school business

services of the Department of the number of employees participating itemized by

job classification, the number of sick leave days withdrawn, the cost of the

leave, and other data required for fiscal and programmatic accountability.

 

History Note:        Authority G.S. 115C-12(8); 115C-336;

Eff. July 1, 1986;

Amended Eff. June 1, 1994; October 1, 1993; July 1, 1992;

March 1, 1990;

Temporary Amendment Eff. November 8, 1999;

Amended Eff. April 1, 2001.

 

16 NCAC 06C .0403          SUBSTITUTES

(a)  LEAs shall

employ all substitutes deemed necessary for the efficient operation of the

unit.  The superintendent determines the need to employ a substitute for a non‑teaching

assistant principal, principal or supervisor.

(b)  LEAs

employ substitute teachers in units of half or whole days.

(c)  The LEA

pays substitutes as follows:

(1)        A

person who substitutes for a non‑teaching assistant principal, principal

or supervisor is paid from local funds.

(2)        Unless

required to be otherwise, a substitute for the regular teacher is paid from the

same source of funds as the regular teacher is paid.

(d)  Absences

not covered in Rule .0404 require the appropriate amount of substitute teacher

pay to be deducted from the regular teacher's salary.  These absences include

extended sick leave as explained in Paragraph (f) of this Rule, personal leave

and in‑state meetings of no longer than 3 days or out‑of‑state

meetings of no longer than 5 days, and not to exceed a total of 10 days within

the school year, for professional responsibilities and attendance at

professional meetings.  The superintendent must approve these absences.  The

time limitations of this Rule do not apply to a person who is the local or

district president or president‑elect or a state or national officer of

an educational professional organization, or to a person selected as National

Teacher of the Year from this state.

(e)  Teachers

earn personal leave at the rate of one‑half day for every two and one‑half

months .20 days for full month of employment and may accumulate five personal

leave days.  Teachers may transfer these days between LEAs.  A teacher who

requests personal leave at least five days in advance of the date desired is

not required to give a reason for the leave.  No teacher may take personal

leave on the first day teachers are required to report for the school year,

required teacher workdays, the day before or the day after holidays or

scheduled vacation days, except as approved by the principal.  The LEA shall credit

a teacher who has separated from service and is re‑employed within 60

months from the date of separation with all personal leave, up to the five‑day

maximum, accumulated at the time of separation.  The LEA may not advance

personal leave beyond that which a teacher earns.  Teachers may take personal

leave in units of one‑half or whole days.

(f)  If the

regular teacher vacates a teaching position during the school year, that

teacher receives the regular compensation for the actual days employed during the

current month, adjusted for overdrawn leave or unpaid longevity pay.  If the

LEA employs an interim teacher to fill the vacancy until a regular teacher is

available, the LEA pays the interim teacher as follows:

(1)        For

service of no more than 10 teaching days, the person is paid as a substitute.

(2)        For

service in excess of 10 teaching days, the person is paid on the basis of the

person's certified salary rating.  The person may elect to be paid as a

substitute.

 

History Note:        Authority G.S. 115C‑12(8);

Eff. July 1, 1986;

Amended Eff. October 1, 1993; October 1, 1990; March 1,

1990; August 1, 1987.

 

 

 

16 NCAC 06C .0404          LEAVE WITH PAY

The LEA shall not make deductions from public school

employees' salaries in the following cases:

(1)           The employee is absent on sick leave in accordance

with Rule .0402 of this Section.

(2)           The employee is absent due to community

responsibility, as approved by the superintendent. Substitutes for these

persons may not be paid from state funds.

(3)           The employee is attending meetings or performing

duties as a member of the SBE, the State Textbook Commission, the Board of Governors

of the Governor's Schools, a case manager hearing, or a commission or committee

appointed by the Governor, the State Superintendent, the SBE or the General

Assembly. Substitutes for these persons will be paid from state funds.

(4)           The employee is absent due to jury duty, attendance

at court in connection with the employee's official duties, or attendance at

court under subpoena or court order as a witness to a crime.  The employee may

not receive witness fees in addition to regular salary.

(5)           The employee has been assigned by the

superintendent to attend an in-service school project conducted by the

administrative unit. Substitutes for these persons will be paid from local

funds.

(6)           The employee has been suspended with pay under G.S.

115C-325(f1). The LEA shall pay persons employed to replace the suspended

employee a salary based on the replacement's certification. The LEA shall make

payment from the same source of funds as the person suspended was paid.

(7)           The employee is absent pursuant to 1 NCAC 8C .2900

(military leave).

(8)           The employee is absent due to injury or disability

which is covered by G.S. 115C-338.

(9)           The employee may be absent for no more than two

days in a school year due to bona fide religious holidays which are not already

scheduled as vacation days or holidays in the school calendar. The

superintendent must approve these absences in advance and the employee must

make up the time missed.

(10)         Upon recommendation of the superintendent, the local

board of education may grant leave with pay for elected officers of

professional organizations, provided the organization pays the full salary and

all benefit costs for the employee on leave.

 

History Note:        Authority G.S. 115C-12(8); 115C-408; N.C.

Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. July 1, 2001; March 1, 1990; August 1, 1987.

 

16 NCAC 06C .0405          LEAVE WITHOUT PAY

Whenever

possible, public school employees shall give advance notice of requests for

leaves of absence, subject to rules of the LEA.  LEAs may determine the

beginning or ending date of leaves of absence, except for military leave.  LEAs

may provide educational leave, but they may not use state funds for this

purpose.  LEAs may allow leaves of absence for permanent employees as follows:

(1)        An

employee is granted a leave of absence without pay under 1 NCAC 8C .2900 (military

leave).

(2)        An

employee is granted a leave of absence without pay up to one calendar year for

the birth or adoption of a child.  This period may, with the approval of the

local board, be extended for the remainder of the school year when the leave would

otherwise end in the latter half of the school year.

(3)        An

employee may be granted a leave of absence without pay for periods as granted

in the discretion of the superintendent and in accordance with rules adopted by

the LEA.

 

History Note:        Authority G.S. 115C‑12(8); 115C‑408;

N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. March 1, 1990.

 

16 ncac 06C .0406          military duty without loss of pay

Public school employees including charter school employees

on leaves of absence for State or federal military duty under honorable service

status, for required training, or for special emergency management service

shall be paid the difference in military base pay and State salary, including

non-performance based bonuses, when the military pay is less than the State

salary. Differential pay for military duty after July 1, 2002 shall be paid

from the same source of funds as the public school salary.

 

History Note:        Authority G.S. 115C-302.1(g1);

Eff. December 1, 2004.

 

16 NCAC 06C .0407          Flexible Furlough Leave

 

History Note:        Authority N.C. Constitution, Article X,

Sec. 5; S.L. 2010-31, sec. 29.1(a) July 1, 2010; G.S. 150B-21.1A;

Emergency Adoption Eff. June 4, 2009 to expire on January

1, 2010 (Authority Executive Order Number Eleven, April 28, 2009; Session Law

2009-26, Sec. 6, May 18, 2009);

Emergency Adoption expired January 1, 2010;

Emergency Adoption Eff. August 17, 2010 to expire June

30, 2011 (see S.L. 2010-31).

 

SECTION .0500 – PERFORMANCE APPRAISAL SYSTEM

 

16 NCAC 06C .0501          GENERAL PROVISIONS

(a)  Each LEA shall provide for the evaluation of all

professional employees pursuant to G.S. 115C-333.  The LEA shall base this

evaluation upon performance standards and criteria contained in this Rule

unless the LEA shall adopt an alternative evaluation pursuant to G.S.

115C-333(a).  LEAs may adopt additional standards and criteria that are not in

conflict with those adopted by the SBE, the General Statutes, or with this Section.

(b)  The person to whom an employee reports as designated in

the job description, or that person’s designee as approved by the

superintendent, shall evaluate the employee.

(c)  The LEA shall inform all personnel of their job

descriptions and the performance standards and criteria applicable to their

position at the time of employment or the beginning of the school year.

(d)  The process for evaluating professional public school

employees shall be as follows:

(1)           All initially licensed and probationary

status teachers shall have three observations conducted by a school

administrator and one by a teacher and a summative appraisal conducted on an

annual basis.

(2)           All teachers who have less than four years

of public school teaching experience shall be evaluated using the current

teacher performance appraisal instrument unless the local board of education

shall adopt an alternative evaluation instrument for these teachers that is

validated, that reflects the performance standards and criteria contained in

this Rule, and that addresses improving student achievement and employee skills

and knowledge.

(3)           Local school administrative units may

conduct more than three observations for personnel identified by the local

school administrative unit as requiring more frequent observations.

(e)  Each LEA shall provide orientation on the performance

appraisal process to its personnel.

(f)  The performance appraisal shall address the following

criteria:

(1)           a basis for self-improvement by

professional personnel;

(2)           data for planning staff development

activities for personnel at the school, administrative unit, regional and state

levels; and

(3)           data for employment decisions.

(g)  Each person may place written comments regarding the

evaluation on their performance appraisal instruments.

(h)  Each LEA shall adopt a rating scale for the evaluation

or use the following scale:

(1)           Unsatisfactory. Performance is consistently

inadequate or unacceptable and most practices require considerable improvement

to minimum performance expectations. Teacher requires close and frequent

supervision in the performance of all responsibilities.

(2)           Below Standard. Performance is sometimes

inadequate or unacceptable and needs improvement. Teacher requires supervision

and assistance to maintain an adequate scope of competencies, and sometimes

fails to perform additional responsibilities as assigned.

(3)           At Standard. Performance is consistently

adequate or acceptable. Teaching practices fully meet all performance

expectations at an acceptable level. Teacher maintains an adequate scope of

competencies and performs additional responsibilities as assigned.

(4)           Above Standard. Performance is consistently

high. Teaching practices are demonstrated at a high level.  Teacher seeks to

expand scope of competencies and undertakes additional appropriate

responsibilities.

 

History Note:        Authority G.S. 115C-333;

Eff. July 1, 1986;

Amended Eff. April 1, 2001; September 1, 1999.

 

16 NCAC 06C .0502          HEARINGS UNDER G.S. 115C-325(J) AND

(J3)

In hearings conducted by a case manager under G.S.

115C-325(j) and by a local board of education under G.S. 115C-325(j3), the

superintendent shall:

(1)           provide the facility in which the hearing is to be

conducted; and

(2)           employ a certified court reporter to record and if

requested to transcribe the proceedings.

 

History Note:        Authority G.S. 115C-325(j)(2);

Eff. July 1, 1986;

Temporary Amendment Eff. October 10, 1997;

Amended Eff. March 15, 1999.

 

 

 

 

 

16 NCAC 06C .0503          TEACHER EVALUATION PROCESS

(a)  The intended purpose of the North Carolina Teacher

Evaluation Process is to assess the teacher's performance in relation to the

North Carolina Professional Teaching Standards and to design a plan for

professional growth.  The principal or a designee (hereinafter "principal")

shall conduct the evaluation process in which the teacher shall participate

through the use of self-assessment, reflection, presentation of artifacts, and

classroom demonstration(s).

(b)  A local board of education shall use the North Carolina

Professional Teaching Standards and North Carolina Teacher Evaluation Process

unless it develops an alternative evaluation that is properly validated and

that includes standards and criteria similar to those in the North Carolina

Professional Teaching Standards and North Carolina Teacher Evaluation Process.

(c)  The North Carolina Teacher Evaluation Process shall

include the following components:

(1)           Training.  Before participating in the

evaluation process, all teachers, principals and peer evaluators must complete

training on the evaluation process.

(2)           Orientation.  Within

two weeks of a teacher's first day of work in any school year, the principal

shall provide the teacher with a copy of or directions for obtaining access to

a copy of:

(A)          The Rubric for Evaluating North Carolina Teachers

(16 NCAC 06C .0504);

(B)          This policy; and

(C)          A schedule for completing all the components of the

evaluation process.  Copies may be provided by electronic means.

(3)           Teacher Self Assessment.  Using the Rubric

for Evaluating North Carolina Teachers, the teacher shall rate his or her own

performance at the beginning of the year and reflect on his or her performance

throughout the year.

(4)           Pre-Formal Observation Conference.  Before

the first formal observation, the principal shall meet with the teacher to

discuss the teacher's self-assessment based on the Rubric for Evaluating North

Carolina Teachers, the teacher's most recent professional growth plan, and the

lesson(s) to be observed.  The teacher shall

provide the principal with a written description of the lesson(s). The goal of

this conference is to prepare the principal for the observation.

Pre-Observation conferences are not required for subsequent observations.

(5)           Observations.

(A)          A formal observation shall last at least 45 minutes.



(B)          Probationary Teachers shall have at least three

formal observations conducted by the principal and one formal observation

conducted by a peer.

(C)          Career Status Teachers shall

be evaluated annually, unless the LEA establishes a different evaluation

cycle for career teachers.  During the year in which

a career status teacher participates in a summative evaluation, the principal

shall conduct at least three observations, including at least one formal

observation.  During observations, the principal and peer (in the case of a

probationary teacher) shall note the teacher's performance in relationship to

the applicable Standards on the Rubric for Evaluating North Carolina Teachers.

(6)           Post-Observation Conference.  The principal

shall conduct a post-observation conference no later than ten school days after

each formal observation.  During the post-observation conference, the principal

and teacher shall discuss and document on the Rubric the strengths and

weaknesses of the teacher's performance during the observed lesson.

(7)           Summary Evaluation Conference and Scoring

the Teacher Summary Rating Form. Prior to the end of

the school year and in accordance with LEA timelines, the principal shall

conduct a summary evaluation conference with the teacher.  During the summary

evaluation conference, the principal and teacher shall discuss the teacher's

self-assessment, the teacher's most recent Professional Growth Plan, the

components of the North Carolina Teacher Evaluation Process completed during

the year, classroom observations, artifacts submitted or collected during the

evaluation process and other evidence of the teacher's performance on the

Rubric.  At the conclusion of the North Carolina Teacher Evaluation Process,

the principal shall:

(A)          Give a rating for each Element in the Rubric;

(B)          Make a written comment on any Element marked "Not

Demonstrated";

(C)          Give an overall rating of each Standard in the

Rubric;

(D)          Provide the teacher with the opportunity to add

comments to the Teacher Summary Rating Form;

(E)           Review the completed Teacher Summary Rating Form

with the teacher; and

(F)           Secure the teacher's signature on the Record of

Teacher Evaluation Activities and Teacher Summary

Rating Form.

(8)           Professional Development Plans.

(A)          Individual Growth Plans:  Teachers who are rated at

least "Proficient" on all the Standards on the Teacher Summary Rating

Form shall develop an Individual Growth Plan designed to improve performance on

specifically identified Standards and Elements.

(B)          Monitored Growth Plans:  A teacher shall be placed

on a Monitored Growth Plan whenever he or she is rated "Developing"

on one or more Standards on the Teacher Summary Rating Form and is not

recommended for dismissal, demotion or nonrenewal.  A Monitored Growth Plan

shall, at a minimum, identify the Standards and Elements

to be improved, the goals to be accomplished and the activities the teacher

shall undertake to achieve Proficiency, and a timeline which allows the teacher

one school year to achieve Proficiency.  A Monitored Growth Plan that meets those

criteria shall be deemed to satisfy the requirements of G.S. 115C-333(b). 

(C)          Directed Growth Plans:  A

teacher shall be placed on a Directed Growth Plan whenever he or she is rated "Not

Demonstrated" on any Standard on the Teacher Summary Rating Form or "Developing"

on one or more Standards on the Teacher Summary Rating Form for two sequential years

and is not recommended for dismissal, demotion or nonrenewal.  The Directed

Growth Plan shall, at a minimum, identify the Standards and Elements to be

improved, the goals to be accomplished, the activities the teacher shall

complete to achieve Proficiency, a timeline for achieving Proficiency within

one school year or such shorter time as determined by the LEA.  A Directed

Growth Plan that meets those criteria shall be deemed to satisfy the

requirements of G.S. 115C-333(b).

(9)           Effective

Dates and Effect on Licensing and Career Status.  Effective with the 2008-2009

school year, LEAs may evaluate teachers using this policy.  Effective with

the 2010-2011 school year, all teachers in North Carolina shall be

evaluated using this policy unless a local

board develops an alternative evaluation that is properly validated and that

includes standards and criteria similar to those in the North Carolina

Professional Teaching Standards and North Carolina Teacher Evaluation Process

in which case the local board shall use that instrument.

(d)  Beginning Teachers: Effective 2010-2011, beginning

teachers must be rated "Proficient" on all five North Carolina

Professional Teaching Standards on the most recent Teacher Summary Rating Form

in order to be eligible for the Standard Professional 2 License.

(e)  Probationary Teachers: Effective 2010-2011, a principal

must rate a probationary teacher as "Proficient" on all five North

Carolina Professional Teaching Standards on the most recent Teacher Summary

Rating Form before recommending that teacher for career status.

 

History Note:        Authority

G.S. 115C-333; N.C. Constitution, Article IX, Sec. 5;

Eff. May 1, 2009.

 

16 NCAC 06C .0504          RUBRIC FOR EVALUATING TEACHERS

(a)  Teachers shall be

evaluated on the following Standards and Elements:

(1)           Elements of Standard 1:  Teachers

demonstrate leadership.

(A)          Teachers lead in their classrooms.  Teachers

demonstrate leadership by taking responsibility for the progress of all

students to ensure that they graduate from high school, are globally

competitive for work and postsecondary education, and are prepared for life in

the 21st century.  Teachers communicate this vision to their

students. Using a variety of data sources, they organize, plan, and set goals

that meet the needs of the individual student and the class. Teachers use

various types of assessment data during the school year to evaluate student

progress and to make adjustments to the teaching and learning process. They

establish a safe, orderly environment, and create a culture that empowers

students to collaborate and become lifelong learners.

(B)          Teachers demonstrate leadership in the school. 

Teachers work collaboratively with school personnel to create a professional

learning community. They analyze and use local, state, and national data to

develop goals and strategies in the school improvement plan that enhances

student learning and teacher working conditions. Teachers provide input in

determining the school budget and in the selection of professional development

that meets the needs of students and their own professional growth. They

participate in the hiring process and collaborate with their colleagues to

mentor and support teachers to improve the effectiveness of their departments

or grade levels.

(C)          Teachers lead the teaching profession.  Teachers

strive to improve the teaching profession. They contribute to the establishment

of positive working relationships in the school. They actively participate in

and advocate for the decision-making structures in education and government

that take advantage of the expertise of teachers. Teachers promote professional

growth for all educators and collaborate with colleagues to improve the

profession.

(D)          Teachers advocate for schools and students. 

Teachers advocate for positive change in policies and practices affecting

student learning. Teachers participate in the implementation of initiatives to

improve the education of students.

(E)           Teachers demonstrate high ethical standards. 

Teachers demonstrate ethical principles including honesty, integrity, fair

treatment, and respect for others. Teachers uphold the Code of Ethics for North

Carolina Educators and the Standards for Professional Conduct.

(2)           Elements of Standard 2: Teachers establish

a respectful environment for a diverse population of students.

(A)          Teachers provide an environment in which each child

has a positive, nurturing relationship with caring adults.  Teachers provide an

environment for student learning that is inviting, respectful, supportive,

inclusive, and flexible.

(B)          Teachers embrace diversity in the school community

and in the world.  Teachers demonstrate their knowledge of the history of

diverse cultures and their role in shaping global issues. Teachers actively

select materials and develop lessons that counteract stereotypes and

incorporate histories and contributions of all cultures. Teachers recognize the

influence of race, ethnicity, gender, religion, and other aspects of culture on

a student's development and personality. Teachers strive to understand how a

student's culture and background may influence his or her school performance.

Teachers consider and incorporate different points of view in their

instruction.

(C)          Teachers treat students as individuals.  Teachers

maintain high expectations, including graduation from high school, for students

of all backgrounds. Teachers appreciate the differences and value the

contribution of each student in the learning environment by building positive,

appropriate relationships.

(D)          Teachers adapt their teaching for the benefit of

students with special needs.  Teachers collaborate with the range of support

specialists to help meet the special needs of all students. Through inclusion

and other models of effective practice, teachers engage students to ensure that

their needs are met.

(E)           Teachers work collaboratively with the families and

significant adults in the lives of their students.  Teachers recognize that

educating children is a shared responsibility involving the school, parents or

guardians, and the community. Teachers improve communication and collaboration

between the school, the home, and the community in order to promote trust and

understanding and build partnerships with all segments of the school community.

Teachers seek solutions to overcome cultural and economic obstacles that may

stand in the way of effective family and community involvement in the education

of their students.

(3)           Elements of Standard 3:  Teachers know the

content they teach.

(A)          Teachers align their instruction with the North

Carolina Standard Course of Study.  Teachers investigate the content standards

developed by professional organizations in their specialty area. Teachers develop

and apply strategies to make the curriculum rigorous and relevant for all

students and provide a balanced curriculum that enhances literacy skills.

Elementary teachers have explicit and thorough preparation in literacy

instruction. Middle and high school teachers incorporate literacy instruction

within the content area or discipline.

(B)          Teachers know the content appropriate to their

teaching specialty.  Teachers bring a richness and depth of understanding to

their classrooms by knowing their subjects beyond the content they are expected

to teach and by directing students' natural curiosity into an interest in

learning. Elementary teachers have broad knowledge across disciplines. Middle

school and high school teachers have depth in one or more specific content

areas or disciplines.

(C)          Teachers recognize the interconnectedness of content

areas/disciplines.  Teachers know the links and vertical alignment of the grade

or subject they teach and the North Carolina Standard Course of Study. Teachers

understand how the content they teach relates to other disciplines in order to

deepen understanding and connect learning for students. Teachers promote global

awareness and its relevance to subjects they teach.

(D)          Teachers make instruction relevant to students. 

Teachers incorporate 21st century life skills into their teaching deliberately,

strategically, and broadly. These skills include leadership, ethics,

accountability, adaptability, personal productivity, personal responsibility,

people skills, self-direction, and social responsibility. Teachers help their

students understand the relationship between the North Carolina Standard Course

of Study and 21st century content, which includes global awareness; financial,

economic, business and entrepreneurial literacy; civic literacy; and health

awareness.

(4)           Elements of Standard 4:  Teachers

facilitate learning for their students.

(A)          Teachers know the ways in which learning takes

place, and they know the appropriate levels of intellectual, physical, social,

and emotional development of their students.  Teachers know how students think

and learn. Teachers understand the influences that affect individual student

learning (i.e. development, culture and language proficiency) and differentiate

their instruction accordingly. Teachers keep abreast of evolving research about

student learning. They adapt resources to address the strengths and weaknesses

of their students.

(B)          Teachers collaborate with their colleagues and use a

variety of data sources for short and long range planning based on the North

Carolina Standard Course of Study.  These plans reflect an understanding of how

students learn. Teachers engage students in the learning process. They

understand that instructional plans must be consistently monitored and modified

to enhance learning. Teachers make the curriculum responsive to cultural

differences and individual learning needs.

(C)          Teachers use a variety of instructional methods. 

Teachers choose the methods and techniques that are most effective in meeting

the needs of their students as they strive to eliminate achievement gaps.

Teachers employ a wide range of techniques including information and

communication technology, learning styles, and differentiated instruction.

(D)          Teachers integrate and utilize technology in their

instruction.  Teachers know when and how to use technology to maximize student

learning. Teachers help students use technology to learn content, think

critically, solve problems, discern reliability, use information, communicate,

innovate, and collaborate.

(E)           Teachers help students develop critical-thinking

and problem-solving skills.  Teachers encourage students to ask questions;

think creatively; develop and test innovative ideas; synthesize knowledge and

draw conclusions. They help students exercise and communicate sound reasoning;

understand connections; make complex choices; and frame, analyze, and solve

problems.

(F)           Teachers help students work in teams and develop

leadership qualities.  Teachers teach the importance of cooperation and

collaboration. They organize learning teams in order to help students define

roles, strengthen social ties, improve communication and collaborative skills,

interact with people from different cultures and backgrounds, and develop

leadership qualities.

(G)          Teachers communicate effectively.  Teachers

communicate in ways that are clearly understood by their students. They are

perceptive listeners and are able to communicate with students in a variety of

ways even when language is a barrier. Teachers help students articulate

thoughts and ideas clearly and effectively.

(H)          Teachers use a variety of methods to assess what

each student has learned.  Teachers use multiple indicators, including

formative and summative assessments, to evaluate student progress and growth as

they strive to eliminate achievement gaps. Teachers provide opportunities,

methods, feedback, and tools for students to assess themselves and each other.

Teachers use 21st century assessment systems to inform instruction and

demonstrate evidence of students' 21st century knowledge, skills, performance,

and dispositions.

(5)           Elements of Standard 5: Teachers reflect on

their practice.

(A)          Teachers analyze student learning.  Teachers think

systematically and critically about student learning in their classrooms and

schools as to why learning happens and what can be done to improve achievement.

Teachers collect and analyze student performance data to improve school and

classroom effectiveness. They adapt their practice based on research and data

to best meet the needs of students.

(B)          Teachers link professional growth to their

professional goals.  Teachers participate in continued, high quality

professional development that reflects a global view of educational practices;

includes 21st century skills and knowledge;

aligns with the State Board of Education priorities; and meets the needs of

students and their own professional growth.

(C)          Teachers function effectively in a complex, dynamic

environment.  Understanding that change is constant, teachers actively

investigate and consider new ideas that improve teaching and learning. They

adapt their practice based on research and data to best meet the needs of their

students.

(b)  For each Standard and Element, the teacher's

performance shall be identified as:

(1)           Developing.  Teacher demonstrated adequate

growth toward achieving standard(s) during the period of performance, but did

not demonstrate competence on standard(s) of performance.

(2)           Proficient.  Teacher demonstrated basic

competence on standard(s) of performance.

(3)           Accomplished.  Teacher exceeded basic

competence on standard(s) of performance most of the time.

(4)           Distinguished.  Teacher consistently and

significantly exceeded basic competence on standard(s) of performance.

(5)           Not Demonstrated.  Teacher did not

demonstrate competence on or adequate growth toward achieving standard(s) of

performance.  (Note: If the "Not Demonstrated" rating is used, the

principal must comment about why such rating was used.)

 

History Note:        Authority

G.S. 115C-333; N.C. Constitution, Article IX, Sec. 5;

Eff. May 1, 2009.

 

SECTION .0600 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR       NORTH

CAROLINA EDUCATORS

 

 

 

16 NCAC 06C .0601          PURPOSE AND APPLICABILITY

The purpose of these Rules is to establish and uphold

uniform standards of professional conduct for licensed professional educators

throughout the State.  These Rules shall be binding on every person licensed by

the SBE, hereinafter referred to as "educator" or "professional

educator," and the possible consequences of any willful breach shall

include license suspension or revocation.  The prohibition of certain conduct

in these Rules shall not be interpreted as approval of conduct not specifically

cited.

 

History Note:        Authority G.S. 115C-295.3;

Eff. April 1, 1998.

 

 

 

16 NCAC 06C .0602          STANDARDS OF PROFESSIONAL CONDUCT

(a)  The standards listed in this Section shall be generally

accepted for the education profession and shall be the basis for State Board

review of performance of professional educators. These standards shall

establish mandatory prohibitions and requirements for educators. Violation of

these standards shall subject an educator to investigation and disciplinary

action by the SBE or LEA.

(b)  Professional educators shall adhere to the standards of

professional conduct contained in this Rule. Any intentional act or omission

that violates these standards is prohibited.

(1)           Generally recognized professional

standards.  The educator shall practice the professional standards of federal,

state, and local governing bodies.

(2)           Personal conduct.  The educator shall serve

as a positive role model for students, parents, and the community. Because the

educator is entrusted with the care and education of small children and

adolescents, the educator shall demonstrate a high standard of personal

character and conduct.

(3)           Honesty. The educator shall not engage in

conduct involving dishonesty, fraud, deceit, or misrepresentation in the

performance of professional duties including the following:

(A)          statement of professional qualifications;

(B)          application or recommendation for professional

employment, promotion, or licensure;

(C)          application or recommendation for college or

university admission, scholarship, grant, academic award, or similar benefit;

(D)          representation of completion of college or staff

development credit;

(E)           evaluation or grading of students or personnel;

(F)           submission of financial or program compliance

reports submitted to state, federal, or other governmental agencies;

(G)          submission of information in the course of an

official inquiry by the employing LEA or the SBE related to facts of

unprofessional conduct, provided, however, that an educator shall be given

adequate notice of the allegations and may be represented by legal counsel; and

(H)          submission of information in the course of an

investigation by a law enforcement agency, child protective services, or any

other agency with the right to investigate, regarding school related criminal

activity; provided, however, that an educator shall be entitled to decline to

give evidence to law enforcement if such evidence may tend to incriminate the

educator as that term is defined by the Fifth Amendment to the U.S.

Constitution.

(4)           Proper remunerative conduct.  The educator

shall not solicit current students or parents of students to purchase

equipment, supplies, or services from the educator in a private remunerative

capacity. An educator shall not tutor for remuneration students currently

assigned to the educator's classes, unless approved by the local superintendent.

An educator shall not accept any compensation, benefit, or thing of value other

than the educator's regular compensation for the performance of any service

that the educator is required to render in the course and scope of the

educator's employment. This Rule shall not restrict performance of any overtime

or supplemental services at the request of the LEA; nor shall it apply to or

restrict the acceptance of gifts or tokens of minimal value offered and

accepted openly from students, parents, or other persons in recognition or

appreciation of service.

(5)           Conduct with students.  The educator shall

treat all students with respect. The educator shall not commit any abusive act

or sexual exploitation with, to, or in the presence of a student, whether or

not that student is or has been under the care or supervision of that educator,

as defined below:

(A)          any use of language that is considered profane,

vulgar, or demeaning;

(B)          any sexual act;

(C)          any solicitation of a sexual act, whether written,

verbal, or physical;

(D)          any act of child abuse, as defined by law;

(E)           any act of sexual harassment, as defined by law;

and

(F)           any intentional solicitation, encouragement, or

consummation of a romantic or physical relationship with a student, or any

sexual contact with a student. The term "romantic relationship" shall

include dating any student.

(6)           Confidential information.  The educator

shall keep in confidence personally identifiable information regarding students

or their family members that has been obtained in the course of professional

service, unless disclosure is required or permitted by law or professional

standards, or is necessary for the personal safety of the student or others.

(7)           Rights of others.  The educator shall not

willfully or maliciously violate the constitutional or civil rights of a

student, parent/legal guardian, or colleague.

(8)           Required reports.  The educator shall make

all reports required by G.S. 115C.

(9)           Alcohol or controlled substance abuse.  The

educator shall not:

(A)          be under the influence of, possess, use, or consume

on school premises or at a school-sponsored activity a controlled substance as

defined by G.S. 90-95, the Controlled Substances Act, without a prescription

authorizing such use;

(B)          be under the influence of, possess, use, or consume

an alcoholic beverage or a controlled substance on school premises or at a

school-sponsored activity involving students; or

(C)          furnish alcohol or a controlled substance to any

student except as indicated in the professional duties of administering legally

prescribed medications.

(10)         Compliance with criminal laws.  The educator

shall not commit any act referred to in G.S. 115C-332 and any felony under the

laws of the United States or of any state.

(11)         Public funds and property.  The educator

shall not misuse public funds or property, funds of a school-related

organization, or colleague's funds. The educator shall account for funds

collected from students, colleagues, or parents/legal guardians. The educator

shall not submit fraudulent requests for reimbursement, expenses, or pay.

(12)         Scope of professional practice.  The

educator shall not perform any act as an employee in a position for which

licensure is required by the rules of the SBE or by G.S. 115C or the North

Carolina General Statutes during any period in which the educator's license has

been suspended or revoked.

(13)         Conduct related to ethical violations.  The

educator shall not directly or indirectly use or threaten to use any official

authority or influence in any manner that tends to discourage, restrain,

interfere with, coerce, or discriminate against any subordinate or any licensee

who in good faith reports, discloses, divulges, or otherwise brings to the

attention of an LEA, the SBE, or any other public agency authorized to take

remedial action, any facts or information relative to actual or suspected

violation of any law regulating the duties of persons serving in the public

school system, including but not limited to these Rules.

 

History Note:        Authority G.S. 115C-295.3;

Eff. May 1, 1998.