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.