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.
