reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0300 - CERTIFICATION › Section 06C .0392 - TESTING REQUIREMENTS FOR ADMISSION TO AN EDUCATOR PREPARATION PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of
				  G.S.
				  115C-269.15, the pre-professional skills test
				  shall be the Praxis Core Academic Skills Educators Assessment.
(b) Each student seeking admission to an
				  Educator Preparation Program shall pass the Praxis Core Academic Skills
				  Educators Assessment unless an exemption is permitted under
				  G.S.
				  115C-269.15 or Rule .0391 of this
				  Section.
(c) Passing scores for the
				  Praxis assessment are enacted by the State Board of Education using validity
				  and reliability studies provided by the vendor and the recommendations of both
				  the vendor and Department of Public Instruction staff.
Authority
					 G.S.
					 115C-12;
					 115C-268.1;
					 115C-268.5;
					 115C-269.5;
					 115C-269.15;
Eff.
					 October 1, 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0300 - CERTIFICATION › Section 06C .0393 - MATHEMATICS INSTRUCTIONAL REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS TRAINING ELEMENTARY AND EXCEPTIONAL CHILDREN GENERAL CURRICULUM TEACHERS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the minimum requirements set forth in
					 G.S.
					 115C-269.20(1) and (2), all
					 Educator Preparation Programs that provide training for elementary and
					 exceptional children general curriculum teachers shall include coursework in
					 the following areas:
(1) Instruction
				  in the teaching of mathematics with attention to the following:
(a) content, which includes number and
				  operations, early algebra, measurement; and
(b) pedagogical issues, which includes high
				  quality tasks, classroom discourse, instructional moves.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0300 - CERTIFICATION › Section 06C .0394 - STANDARDS OF PRACTICE FOR INNOVATIVE OR EXPERIMENTAL PROGRAMS FOR SCHOOL ADMINISTRATOR PREPARATION

Current through Register Vol. 39, No. 2, July 15, 2024
Innovative or experimental school administration
					 preparation programs that received grants under
					 G.S.
					 116-74.46 shall be reviewed by the PEPSC
					 annually, which shall use the following standards:
(1) the program is organized and
				  administered, showing a structure for the oversight and management of the
				  program which ensures flexibility and accountability;
(2) the program provides documentation of
				  human, fiscal, and physical resources;
(3) the program addresses the needs of the
				  students;
(4) the program includes
				  exit levels of competency, a procedure for recommending licensure, and a follow
				  up process; and
(5) the program has
				  defined and measurable expected outcomes and results as measured by the annual
				  Educator Preparation Program Report Card pursuant to
				  G.S.
				  115-269.50.
Authority
					 G.S.
					 115C-12;
					 115C-268.1;
					 115C-268.5;
					 115C-269.5;
					 115C-269.35;
					 115C-269.50;
					 115C-284;
					 115C-284.1;
Eff.
					 October 1, 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0300 - CERTIFICATION › Section 06C .0395 - PROCESS FOR FILING A COMPLAINT AGAINST AN EDUCATOR PREPARATION PROGRAM (EPP)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Complaints against an EPP must be made in
				  writing to the State Board of Education. The written complaint may be filed by
				  an individual or entity through the following means:
(1) filling out and submitting the complaint
				  form online;
(2) mailing a hard
				  copy of the complaint to the physical address on the form; or
(3) faxing a hard copy of the complaint to
				  the fax number on the form.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0300 - CERTIFICATION › Section 06C .0396 - RESTRICTIONS ON THE AUTHORITY OF THE STATE BOARD OF EDUCATION ON COMPLAINTS AGAINST AN EDUCATOR PREPARATION PROGRAM (EPP)

Current through Register Vol. 39, No. 2, July 15, 2024
The SBE shall not mediate, arbitrate, or otherwise resolve
					 any issue between an EPP and a student regarding contractual or commercial
					 issues such as the following:
(1)
				  contractual arrangements with an EPP, such as program removal due to not
				  meeting a program requirement or being noncompliant with the EPP on the
				  university level;
(2) commercial
				  issues including any type of business transaction with the EPP or university,
				  such as financial enrollment, bankruptcy, closing of institution, and program
				  fidelity;
(3) grade issues such as
				  requesting a change in grade for a course or gaining credit for a course or
				  requirement in the program; and
(4)
				  seeking readmittance to an EPP.
Authority
					 G.S.
					 115C-12;
					 115C-268.1;
					 115C-268.5;
					 115C-269.5;
					 115C-269.55;
Eff.
					 October 1, 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0300 - CERTIFICATION › Section 06C .0397 - EDUCATOR PREPARATION PROGRAM COURSEWORK REQUIREMENTS FOR ALL PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the minimum requirements set forth in
					 G.S.
					 115C-269.20(a)(1), all
					 Educator Preparation Programs shall include instruction in the following
					 areas:
(1) The identification of
				  academically or intellectually gifted children;
(2) Evidence based practices as defined by
				  the Every Student Succeeds Act (P.L. No 114-95, 129, Stat. 1801, S. 1177-2 Part
				  F- General Provisions, Title II, Sec. 2002);
(3) The teaching of diverse populations of
				  students; and
(4) Classroom
				  management.
Authority
					 G.S.
					 115C-12;
					 115C-268.1;
					 115C-268.5;
					 115C-269.5;
					 115C-269.10;
					 115C-269.20;
Eff.
					 October 1, 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0400 - ANNUITIES AND PENSIONS › Section 06C .0401 - VACATION LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(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 State Service
Days Per Month 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.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0400 - ANNUITIES AND PENSIONS › Section 06C .0403 - SUBSTITUTES

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0400 - ANNUITIES AND PENSIONS › Section 06C .0404 - LEAVE WITH PAY

Current through Register Vol. 39, No. 2, July 15, 2024
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
				  08C .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.
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.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0400 - ANNUITIES AND PENSIONS › Section 06C .0405 - LEAVE WITHOUT PAY

Current through Register Vol. 39, No. 2, July 15, 2024
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
				  08C .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.
Authority
					 G.S.
					 115C-12(8);
					 115C-408; N.C. Constitution,
					 Article IX, Sec. 5;
Eff. July 1, 1986;
Amended Eff.
					 March 1, 1990.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0400 - ANNUITIES AND PENSIONS › Section 06C .0406 - MILITARY DUTY WITHOUT LOSS OF PAY

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
					 G.S.
					 115C-302.1(g1);
Eff. December 1, 2004.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0400 - ANNUITIES AND PENSIONS › Section 06C .0407 - FLEXIBLE FURLOUGH LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
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).
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0400 - ANNUITIES AND PENSIONS › Section 06C .0408 - PARENTAL LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Rule, the following definitions shall apply:
(1) "Child" means a newborn biological child
				  or a newly placed adopted, foster, or otherwise legally placed child under the
				  age of 18 whose parent is an eligible employee.
(2) "Continuous" leave means leave taken over
				  a continuous period for the full amount of leave to which an eligible employee
				  is entitled under Paragraph (c) of this Rule.
(3) "Eligible employee" means a person
				  employed to fill a permanent, probationary, or timelimited position in a
				  public-school unit ("PSU") who meets the eligibility requirements set forth in
				  Paragraph (b) of this Rule. "Eligible employee" shall not include temporary
				  employees or independent contractors.
(4) "Intermittent" leave means leave taken in
				  separate periods for a single qualify event that cumulatively equal the amount
				  of leave to which an eligible employee is entitled under Paragraph (c) of this
				  Rule. Intermittent leave may include periods of leave ranging from half of an
				  employee's regularly scheduled workday to several consecutive
				  workdays.
(5) "Parent" means the
				  legal guardian or custodian of a child through birth, adoption, foster care, or
				  other legal placement.
(6) "Public
				  school unit" or "PSU" is defined in
				  G.S.
				  115C-5(7a). This Rule shall
				  only apply to a charter school if the board of directors for the charter school
				  has opted to provide for paid parental leave in accordance with
				  G.S.
				  115C-218.90(a)(6).
(7) "Qualifying event" means when an eligible
				  employee becomes a parent to a child.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0500 - PERFORMANCE APPRAISAL SYSTEM › Section 06C .0501 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0500 - PERFORMANCE APPRAISAL SYSTEM › Section 06C .0502 - HEARINGS UNDER G.S. 115C-325(J) AND (J3)

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
					 G.S.
					 115C-325(j)(2);
Eff. July 1, 1986;
Temporary Amendment Eff. October 10,
					 1997;
Amended Eff. March 15,
					 1999.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0500 - PERFORMANCE APPRAISAL SYSTEM › Section 06C .0504 - RUBRIC FOR EVALUATING TEACHERS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0601 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section, the following definitions
					 apply:
(1) "Child" means a person
				  under the age of 16.
(2) "License"
				  means a professional educator license issued by the Department of Public
				  Instruction ("DPI") in accordance with this Subchapter and Chapter 115C,
				  Article 17E of the General Statutes.
(3) "Local superintendent" means the
				  superintendent of a local school administrative unit, as provided in Chapter
				  115C, Article 18 of the General Statutes, or the staff member with the highest
				  decision-making authority for a PSU, if there is no superintendent.
(4) "Public school unit" or "PSU" is defined
				  in G.S. 115C-5(7a).
(5)
				  Professional educator" or "educator" is defined in G.S.
				  115C-270.1(2).
(6) "Respondent"
				  means a person who currently holds a license or who has applied for a
				  license.
(7) "Student" means a
				  person enrolled in pre-kindergarten, kindergarten, or in Grade 1 through Grade
				  12 in any public school unit, or who has been enrolled in a public school unit
				  within 6 months of an alleged violation of these Standards.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0601 - PURPOSE AND APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
					 G.S.
					 115C-295.3;
Eff. April 1,
					 1998.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0602 - STANDARDS OF PROFESSIONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule establishes uniform Standards of Professional Conduct ("Standards") for professional educators in North Carolina, which apply to all persons who hold a professional educator license issued pursuant to this Subchapter and Chapter 115C, Article 17E of the General Statutes. These Standards shall be the basis for reviewing the performance of professional educators by the State Board of Education ("SBE"). Violation of these Standards shall be grounds for disciplinary sanctions against a professional educator's license as provided in this Section.
(1) Generally Recognized Professional Standards. The educator shall adhere to and practice the professional standards of all federal, state, and local governing bodies with public education oversight.
(2) Conduct with Students. The educator shall treat all students with respect and maintain appropriate professional boundaries with all students, regardless of whether that student is directly under the care or supervision of the educator. Specifically, the educator shall not engage in any of the following conduct toward or in the presence of a student:
(a) Use of profane, vulgar, or demeaning language.
(b) Intentional or reckless exposure of students to profane, vulgar, or sexually explicit material except as part of age-appropriate classroom instruction or other pedagogical practice.
(c) Solicitation, encouragement, or consummation of a romantic, physical, or sexual relationship with a student in any form, whether written, verbal, or physical. As used in this context, "solicitation" or "encouragement" shall include engaging in a pattern of flirtatious behavior; efforts to gain access to, or time alone with, a student with no clear educational or school-related objective; provision of individualized or specialized treatment, including tangible or monetary gifts, to a student that does not comply with generally recognized professional standards for educators; or any other behavior that could be perceived by a rational observer as excessively personal or intimate in the context of the educator-student relationship.
(d) Solicitation, encouragement, or consummation of sexual contact with a student.
(e) Sexual harassment, as defined in  34 C.F.R. 106.30(a).
(f) Child abuse, as defined in G.S. 14-318.2 or G.S. 14-318.4.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0603 - INVESTIGATION OF ALLEGED MISCONDUCT BY A LICENSED PROFESSIONAL EDUCATOR OR LICENSE APPLICANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  receipt of allegations and substantiating information regarding a respondent
				  that would provide cause for imposing disciplinary sanctions on a licensee or
				  denying an application for a license under Rule .0604 of this Section, the
				  Superintendent of Public Instruction ("Superintendent") shall investigate the
				  allegations to determine if such action is warranted. The Superintendent shall
				  investigate allegations or information from any source in a position to provide
				  such information, including a PSU, State agency, court or other tribunal, or
				  other credible person or institution. The Superintendent shall also consider
				  information disclosed by a license applicant in the application.
(b) The Superintendent is authorized to
				  utilize the power conferred upon the State Board of Education ("SBE") under
				  G.S. 115C-270.35(e), including the power to subpoena documents, secure witness
				  testimony, or hire investigators, for the purpose of conducting investigations
				  under this Rule.
(c) If the
				  Superintendent finds cause to impose disciplinary sanctions on a licensee or
				  deny a license application for any of the reasons described in Rule .0604 of
				  this Section, the Superintendent shall prepare a proposed order containing
				  findings of fact, conclusions of law, and the proposed sanction(s) or
				  denial.
(d) The Superintendent
				  shall provide the respondent with a copy of the proposed order and notify the
				  respondent that the proposed sanctions or denial described in the order shall
				  become final unless the respondent commences an administrative proceeding under
				  Chapter 150B, Article 3 of the General Statutes within 60 days of the notice.
				  The Superintendent shall send the notice via electronic mail and certified mail
				  to the latest addresses provided to the SBE, and the 60-day time limitation
				  shall commence on the date of electronic delivery or placement of the notice in
				  an official depository of the United States Postal Service, whichever is
				  earlier, in accordance with G.S. 150B-23(f).
(e) If the respondent commences
				  administrative proceedings, the SBE shall stay the proposed order until receipt
				  of a final decision or order under G.S. 150B-34. If the respondent does not
				  commence proceedings within the 60-day time limitation, the proposed order
				  shall become final, and the Superintendent shall take all necessary actions to
				  enforce the order.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0604 - DENYING A LICENSE OR SANCTIONING A LICENSEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State
				  Board of Education ("SBE") may, following an investigation in accordance with
				  Rule .0603 of this Section, impose disciplinary sanctions on a person who holds
				  a license issued by the Department of Public Instruction or deny an application
				  for any such license if the SBE finds, by a preponderance of the evidence, that
				  the respondent has done any of the following:
(1) Engaged in fraud, material
				  misrepresentation, or concealment in an application for the license.
(2) Become ineligible for the license due to
				  changes or corrections in the license documentation.
(3) Been convicted of a crime in any state,
				  federal, or territorial court of the United States, including military
				  tribunals.
(4) Been dismissed by a
				  local board of education, pursuant to G.S. 115C-325(e)(1) or 115C-325.4, or by
				  the governing body of any other PSU.
(5) Resigned from employment with a PSU
				  without thirty calendar days' notice, except with the prior consent of the
				  superintendent.
(6) Had a
				  professional educator license or other occupational license revoked or
				  suspended in North Carolina or another state due to a finding of misconduct by
				  the relevant occupational licensing board or agency.
(7) Failed to report suspected child abuse in
				  accordance with G.S. 115C-400 or other suspicion of professional misconduct by
				  a licensed employee in accordance with Rule .0608 of this Section.
(8) Violated the Testing Code of Ethics,
				  codified at 16 NCAC 06D .0311.
(9)
				  Engaged in any other illegal, unethical, or lascivious conduct, or otherwise
				  violated the Standards of Professional Conduct as described in Rule .0602 of
				  this Section.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0605 - DISCIPLINARY SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  finding of a basis for imposing disciplinary sanctions against a respondent
				  under Rule .0604 following an investigation under Rule .0603 of this Section,
				  the State Board of Education ("SBE") may impose any of the following sanctions:
(1) Written Warning;
(2) Written Reprimand;
(3) Suspension for a Defined Term;
				  or
(4) Revocation.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0606 - VOLUNTARY SURRENDER OF A LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  individual licensed under Chapter 115C, Article 17E of the General Statutes may
				  notify the State Board of Education ("SBE"), or its authorized designee, in
				  writing of the individual's intention to voluntarily surrender the individual's
				  license to the SBE.
(b) The SBE or
				  designee may accept the voluntary surrender of a license in lieu of pursuing
				  revocation of the license if, following an investigation in accordance with
				  Rule .0603 of this Section, the SBE or designee determines that the surrender
				  of the license will not compromise public safety. The Superintendent of Public
				  Instruction shall prepare a proposed order containing findings of fact and
				  conclusions of law demonstrating that circumstances exist that would justify
				  pursuing revocation of the respondent's license. The Superintendent shall
				  provide the respondent with a copy of the proposed order and notify the
				  respondent that the respondent's license will be revoked within 10 days of the
				  notice. The Superintendent shall send the notice via electronic mail and
				  certified mail to the latest addresses provided to the SBE.
(c) The Department of Public Instruction
				  ("DPI") shall, upon expiration of the 10-day time limitation described in
				  Paragraph (b), publish the revocation and a brief description of the basis for
				  the revocation on its website and report it to the National Association of
				  State Directors of Teacher Education and Certification. DPI shall not disclose
				  any information related to the revocation that is considered confidential under
				  Chapter 115C, Article 21A of the General Statutes or is otherwise protected
				  from disclosure under State or federal law.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0607 - REINSTATEMENT OF OR RECONSIDERATION FOR A LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  respondent whose license has been revoked or whose application for a license
				  has been denied under this Section may seek reinstatement of the revoked
				  license or reconsideration of the license application no sooner than 12 months
				  after the effective date of the revocation or denial.
(b) The respondent shall submit a request to
				  the State Board of Education ("SBE") in writing that includes a statement
				  describing why the circumstances that led to the revocation or denial do not or
				  no longer justify prohibiting the respondent from holding a license.
(c) The SBE may deny the request, grant the
				  request, or grant the request on a probationary basis. If the SBE grants the
				  request on a probationary basis, the respondent's license status shall be
				  subject to review by the SBE one year from the date that the license is
				  granted, and the respondent shall comply with any conditions the SBE may
				  impose.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0608 - REPORTING REQUIREMENTS FOR PSU ADMINISTRATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  purposes of this Rule, the following definitions apply:
(1) "Misconduct" means either:
(A) Conduct that justifies automatic
				  revocation of a license under G.S. 115C-270.35(b);
(B) Conduct that has resulted in a criminal
				  charge or indictment for any of the crimes listed in G.S. 115C-270.35(b);
				  or
(C) Conduct involving the
				  physical or sexual abuse of a child or a student. "Physical abuse" means the
				  infliction of physical injury other than by accident or in self-defense.
				  "Sexual abuse" means any sexual contact with a child or student, regardless of
				  the presence or absence of consent.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0701 - EXPIRED - MODEL EMPLOYMENT CONTRACT FOR TEACHERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority Session Law
					 2013-360, Sec. 9.6(e); N.C. Constitution, Article IX, Sec. 5;
Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114,
					 sec. 27.(b);
Emergency Rule Eff. August 20, 2019;
Emergency Adoption Expired Eff. September 17,
					 2020.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter D - INSTRUCTION › Section .0100 - CURRICULUM › Section 06D .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter:
(1) "Competency goals" means broad statements
				  of general direction or purpose.
(2) "Course unit" means at least 150 clock
				  hours of instruction for courses taught on a traditional schedule and at least
				  135 clock hours of instruction for courses taught on a block schedule. LEAs may
				  award credit for short courses in an amount corresponding to the fractional
				  part of a total unit.
(3)
				  "Curriculum guide" means a document prepared by the department for each subject
				  or area of study listed in the standard course of study and many commonly
				  offered electives, including competency goals, objectives and suggested
				  measures.
(4) "Diploma" means that
				  document by which the LEA certifies that a student has satisfactorily completed
				  all state and local course requirements and has passed the North Carolina
				  Competency Test.
(5) "Graduation"
				  means satisfactory completion of all state and local course requirements and
				  achievement of a passing score on the North Carolina Competency Test.
(6) "Measures" means a variety of suggestions
				  for ways in which the student may demonstrate ability to meet an
				  objective.
(7) "Objective" means a
				  specific statement of what the student will know or be able to do.
(8) "Proper test administration" means
				  administration of tests adopted by the SBE for students, in accordance with
				  Section .0300 of this Subchapter.
(9) "Special education student" means a
				  student enrolled in or eligible for participation in a special educational
				  program.
(10) "Standard course of
				  study" means the program of course work which must be available to all public
				  school students in the state.
(11)
				  "Transcript" means that document which provides a record of:
(a) all courses completed and grades
				  earned;
(b) scores achieved on
				  standardized tests; and
(c)
				  participation in special programs or any other matter determined by the
				  LEA.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter D - INSTRUCTION › Section .0100 - CURRICULUM › Section 06D .0102 - REPEALED - BASIC EDUCATION PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Amendment Eff. August 12, 1991 for a period of 180 days to expire
on February 7, 1992;
Authority
					 G.S.
					 115C-12(9)c.;
					 115C-81;
Eff. July 1, 1986;
Amended Eff. March 1,
					 1992;
Repealed Eff. June 1, 1996.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter D - INSTRUCTION › Section .0100 - CURRICULUM › Section 06D .0103 - REPEALED - GRADUATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-12(9)c.; 115C-81(a);
					 115C-180; N.C. Constitution, Article IX, Sec. 5;
Eff. July 1,
					 1986;
Amended Eff. January 2, 1998; January 1, 1993; July 1,
					 1992;
Temporary Amendment Eff. April 24, 1998;
Temporary Amendment Expired February 9, 1999;
Amended Eff. August
					 1, 1999;
Repealed Eff. December 1,
					 1999.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter D - INSTRUCTION › Section .0100 - CURRICULUM › Section 06D .0104 - REPEALED - EXIT DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-12(9)c.;
Eff. July 1, 1986;
Repealed Eff. June 1,
					 1996.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter D - INSTRUCTION › Section .0100 - CURRICULUM › Section 06D .0105 - USE OF SCHOOL DAY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Local boards of
				  education are obligated both to assure that materials presented to students
				  during the school day are related to the curriculum, and to preserve their
				  discretion and the discretion of administrators and teachers to determine,
				  within the limits of the prescribed curriculum, the materials to be presented
				  to students during the school day and the times during which materials selected
				  will be presented. Therefore, no local board of education may enter into a
				  contract or agreement with any person, corporation, association or organization
				  which:
(1) limits or impairs its authority
				  and responsibility, or the authority and responsibility of administrators and
				  teachers, to determine the materials to be presented to students during the
				  school day; or
(2) limits or
				  impairs its authority and responsibility, or the authority and responsibility
				  of administrators and teachers, to determine the times during the school day
				  when materials will be presented to students.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter D - INSTRUCTION › Section .0100 - CURRICULUM › Section 06D .0106 - LIMITED ENGLISH PROFICIENCY PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  superintendent or his delegate shall:
(1)
				  identify resources available to serve limited English proficient
				  students;
(2) coordinate programs
				  and services to these students and their parents in the local school
				  administrative unit;
(3) report to
				  the SBE information concerning the identification, placement, and educational
				  progress of these students; and
(4)
				  report funding needs for the provision of services to these students to the
				  SBE.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter D - INSTRUCTION › Section .0100 - CURRICULUM › Section 06D .0107 - EXPIRED - STATE GRADUATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-12(9c);
					 115C-81(b)(4);
					 115C-12(9d);
					 115C-81.25(c)(10);
N.C. Constitution, Article IX, Sec. 5;
Interim Rule status
					 conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec.
					 27.(b);
Emergency Adoption Eff. August 20, 2019;
Emergency Adoption Expired December 6, 2019.
North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter D - INSTRUCTION › Section .0200 - TEXTBOOKS › Section 06D .0201-.0203

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 115C-89;
Eff. July 1,
					 1986;
Repealed Eff. March 1,
					 1990.