AN ACT TO MODIFY PENALTIES AND DEFINITIONS FOR CERTAIN SEX OFFENSES AGAINST STUDENTS, TO INCREASE THE PENALTIES FOR THE FAILURE OF SCHOOL ADMINISTRATORS TO REPORT CERTAIN MISCONDUCT TO THE STATE BOARD OF EDUCATION, TO REQUIRE PUBLIC SCHOOL UNITS TO SHOW STUDENTS IN GRADES SIX THROUGH TWELVE A VIDEO PRODUCED BY THE CENTER FOR SAFER SCHOOLS CONTAINING AGE-APPROPRIATE INFORMATION ABOUT SEXUAL ABUSE, AND TO DEFINE CONDUCT DIRECTLY RELATED TO THE OFFICE OR EMPLOYMENT AS IT PERTAINS TO THE FORFEITURE OF RETIREMENT BENEFITS, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC INSTRUCTION; TO CLARIFY THE REQUIREMENT FOR THE BUNCOMBE COUNTY BOARD OF EDUCATION TO ESTABLISH ITS ELECTORAL DISTRICTS; AND TO REQUIRE THE BUNCOMBE COUNTY BOARD OF EDUCATION AND ASHEVILLE CITY BOARD OF EDUCATION TO STUDY MERGING THE BUNCOMBE COUNTY SCHOOL ADMINISTRATIVE UNIT AND THE CITY OF ASHEVILLE SCHOOL ADMINISTRATIVE UNIT. SL 2023-128. Enacted September 29, 2023. Effective September 29, 2023, except as otherwise provided.
PROTECT OUR STUDENTS ACT-AB. (NEW)
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AN ACT TO MODIFY PENALTIES AND DEFINITIONS FOR CERTAIN SEX OFFENSES AGAINST STUDENTS, TO INCREASE THE PENALTIES FOR THE FAILURE OF SCHOOL ADMINISTRATORS TO REPORT CERTAIN MISCONDUCT TO THE STATE BOARD OF EDUCATION, TO REQUIRE PUBLIC SCHOOL UNITS TO SHOW STUDENTS IN GRADES SIX THROUGH TWELVE A VIDEO PRODUCED BY THE CENTER FOR SAFER SCHOOLS CONTAINING AGE-APPROPRIATE INFORMATION ABOUT SEXUAL ABUSE, AND TO DEFINE CONDUCT DIRECTLY RELATED TO THE OFFICE OR EMPLOYMENT AS IT PERTAINS TO THE FORFEITURE OF RETIREMENT BENEFITS, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC INSTRUCTION; TO CLARIFY THE REQUIREMENT FOR THE BUNCOMBE COUNTY BOARD OF EDUCATION TO ESTABLISH ITS ELECTORAL DISTRICTS; AND TO REQUIRE THE BUNCOMBE COUNTY BOARD OF EDUCATION AND ASHEVILLE CITY BOARD OF EDUCATION TO STUDY MERGING THE BUNCOMBE COUNTY SCHOOL ADMINISTRATIVE UNIT AND THE CITY OF ASHEVILLE SCHOOL ADMINISTRATIVE UNIT.Intro. by Torbett, K. Baker, Johnson, Kidwell.
SOG comments (3):
Long title change
Amendment to the 4th edition changed the long title. Previous long title was AN ACT TO MODIFY PENALTIES AND DEFINITIONS FOR CERTAIN SEX OFFENSES AGAINST STUDENTS, TO INCREASE THE PENALTIES FOR THE FAILURE OF SCHOOL ADMINISTRATORS TO REPORT CERTAIN MISCONDUCT TO THE STATE BOARD OF EDUCATION, TO CLARIFY THE FORFEITURE OF RETIREMENT BENEFITS FOR CERTAIN FELONIES, AND TO REQUIRE PUBLIC SCHOOL UNITS TO SHOW STUDENTS IN GRADES SIX THROUGH TWELVE A VIDEO PRODUCED BY THE CENTER FOR SAFER SCHOOLS CONTAINING AGE-APPROPRIATE INFORMATION ABOUT SEXUAL ABUSE, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC INSTRUCTION.
Long title change
Senate amendment to the 4th edition changed the long title. Previous long title was AN ACT TO MODIFY PENALTIES AND DEFINITIONS FOR CERTAIN SEX OFFENSES AGAINST STUDENTS, TO INCREASE THE PENALTIES FOR THE FAILURE OF SCHOOL ADMINISTRATORS TO REPORT CERTAIN MISCONDUCT TO THE STATE BOARD OF EDUCATION, TO CLARIFY THE FORFEITURE OF RETIREMENT BENEFITS FOR CERTAIN FELONIES, AND TO REQUIRE PUBLIC SCHOOL UNITS TO SHOW STUDENTS IN GRADES SIX THROUGH TWELVE A VIDEO PRODUCED BY THE CENTER FOR SAFER SCHOOLS CONTAINING AGE-APPROPRIATE INFORMATION ABOUT SEXUAL ABUSE, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC INSTRUCTION; TO CLARIFY THE REQUIREMENT FOR THE BUNCOMBE COUNTY BOARD OF EDUCATION TO ESTABLISH ITS ELECTORAL DISTRICTS; AND TO REQUIRE THE BUNCOMBE COUNTY BOARD OF EDUCATION AND ASHEVILLE CITY BOARD OF EDUCATION TO STUDY MERGING THE BUNCOMBE COUNTY SCHOOL ADMINISTRATIVE UNIT AND THE CITY OF ASHEVILLE SCHOOL ADMINISTRATIVE UNIT.
Bill History:
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Thu, 16 Feb 2023 House: Filed
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Mon, 20 Feb 2023 House: Passed 1st Reading
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Tue, 21 Feb 2023 House: Reptd Fav Com Substitute
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Tue, 21 Feb 2023 House: Re-ref Com On Judiciary 2
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Wed, 1 Mar 2023 House: Serial Referral To Pensions and Retirement Added
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Tue, 7 Mar 2023 House: Serial Referral To Pensions and Retirement Stricken
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Tue, 7 Mar 2023 House: Withdrawn From Com
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Wed, 8 Mar 2023 House: Reptd Fav
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Wed, 8 Mar 2023 House: Re-ref Com On Pensions and Retirement
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Tue, 21 Mar 2023 House: Reptd Fav Com Sub 2
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Tue, 21 Mar 2023 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 28 Mar 2023 House: Reptd Fav Com Sub 3
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Tue, 28 Mar 2023 House: Cal Pursuant Rule 36(b)
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Tue, 28 Mar 2023 House: Placed On Cal For 03/29/2023
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Wed, 29 Mar 2023 House: Passed 2nd Reading
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Wed, 29 Mar 2023 House: Passed 3rd Reading
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Thu, 30 Mar 2023 House: Regular Message Sent To Senate
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Thu, 30 Mar 2023 Senate: Regular Message Received From House
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Thu, 30 Mar 2023 Senate: Passed 1st Reading
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Thu, 30 Mar 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 18 May 2023 Senate: Withdrawn From Com
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Wed, 31 May 2023 Senate: Reptd Fav
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Wed, 31 May 2023 Senate: Re-ref Com On Education/Higher Education
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Wed, 14 Jun 2023 Senate: Reptd Fav
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Wed, 14 Jun 2023 Senate: Re-ref Com On Pensions and Retirement and Aging
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Wed, 21 Jun 2023 Senate: Reptd Fav
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Wed, 21 Jun 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 20 Sep 2023 Senate: Reptd Fav
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Thu, 21 Sep 2023 Senate: Amend Adopted A1
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Thu, 21 Sep 2023 Senate: Passed 2nd Reading
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Thu, 21 Sep 2023 Senate: Passed 3rd Reading
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Thu, 21 Sep 2023 Senate: Special Message Sent To House
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Thu, 21 Sep 2023 House: Special Message Received For Concurrence in S Amend
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Thu, 21 Sep 2023 House: Added to Calendar
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Thu, 21 Sep 2023 House: Added to Calendar
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Thu, 21 Sep 2023 House: Concurred In S Amend H142v4
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Thu, 21 Sep 2023 House: Ordered Enrolled
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Fri, 22 Sep 2023 House: Ratified
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Fri, 22 Sep 2023 House: Pres. To Gov. 9/22/2023
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Fri, 29 Sep 2023 House: Signed by Gov. 9/29/2023
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Mon, 2 Oct 2023 House: Ch. SL 2023-128
Bill Summaries:
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Bill H 142 (2023-2024)Summary date: Oct 2 2023 - View SummaryCourts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Employment and Retirement, Government, Elections, State Government, State Personnel, Local Government, Health and Human Services, Social Services, Child Welfare
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Bill H 142 (2023-2024)Summary date: Sep 21 2023 - View Summary
Senate amendment to the 4th edition makes the following changes.
Repeals Section 6(d) of SL 2023-32 (directing the Buncombe County Board of Education [BOE] to comply with nine factors in establishing or revising electoral districts). Instead, directs that the BOE comply with all requirements of State and federal law in establishing or revising electoral districts. Amends Section 6(e) of SL 2023-32 to change the deadline by which the BOE must amend the electoral districts from February 1, 2024, to June 30, 2024. Clarifies that the new boundaries must be used in the 2024 elections and thereafter. Sets the filing period for the BOE elections in the 2024 election to run from noon on the third Friday in July until noon on the first Friday in August. Directs the BOE and the Asheville City Board of Education to jointly study the feasibility of the merger of the Buncombe County School Administrative Unit and the City of Asheville School Administrative Unit. Directs that the findings and recommendations be reported to the specified NCGA committees by no later than February 15, 2025.
Makes conforming changes to the act’s titles.
Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Employment and Retirement, Government, Elections, State Government, State Personnel, Local Government, Health and Human Services, Social Services, Child Welfare
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Bill H 142 (2023-2024)Summary date: Mar 28 2023 - View Summary
House committee substitute to the 3rd edition makes the following changes. Authorizes the State Board of Education (Board) to adopt temporary rules to: (1) implement new Part 3B to Article 22 of GS Chapter 115C, pertaining to reporting misconduct of licensed school employees; (2) address disciplinary actions against professional educator licenses; and (3) modify the Standards of Professional Conduct for North Carolina Educators (set forth in the North Carolina Code). Requires the Board to adopt permanent rules no later than July 1, 2024.
Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Employment and Retirement, Government, State Government, State Personnel, Local Government, Health and Human Services, Social Services, Child Welfare
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Bill H 142 (2023-2024)Summary date: Mar 21 2023 - View Summary
House committee substitute to the 2nd edition makes the following changes.
Deletes the changes to GS 128-38.4A (applicable to the retirement system for counties, cities, and towns) and GS 135-18.10A (applicable to the retirement system for teachers and state employees) that prohibited the Board of Trustees from paying retirement benefits or allowances to any member convicted of any felony if the offense is committed while the member is in service and the conduct resulting in the conviction mandates revocation of a certification or professional license required to maintain employment in the position held by the member when the offense was committed. Instead, amends GS 128-21 (setting out the definitions applicable to the retirement system for counties, cities, and towns) and GS 135-1 (setting out the definitions applicable to the retirement system for teachers and state employees) by adding and defining the term conduct directly related to the office or employment as member conduct resulting in a felony conviction that: (1) is an offense identified in GS 115C-270.35(b) (listing 23 offenses for which a professional educator's license is automatically revoked without the right to a hearing after entering a plea of guilty or nolo contendere or a conviction), and the commission of the offense occurred while the member was employed in a public school or working in a public school subject to a memorandum of understanding; (2) is an offense which required the revocation of the member's licensure or certification required for the member's employment or office at the time of the commission of the offense; (3) is conduct that was directly related to the member's employment or office as determined by the Board of Trustees. Effective July 1, 2023, and applies to offenses committed on or after that date. Makes conforming changes to the act's long title.
Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Employment and Retirement, Government, State Government, State Personnel, Local Government, Health and Human Services, Social Services, Child Welfare
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Bill H 142 (2023-2024)Summary date: Feb 21 2023 - View Summary
House committee substitute to the 1st edition makes the following changes.
Amends proposed GS 115C-326.20 by also requiring a superintendent, assistant superintendent, associate superintendent, personnel administrator, or principal to report misconduct when the individual has actual notice of a complaint that a licensed employee has engaged in misconduct resulting in dismissal, disciplinary action, or resignation. Adds that if an employee resigns within 30 days of a complaint for misconduct or during an ongoing investigation of a complaint, then the misconduct is presumed to have resulted in the resignation.
Adds a new Part to the act that amends GS 128-38.4A (applicable to the retirement system for counties, cities, and towns) and GS 135-18.10A (applicable to the retirement system for teachers and state employees) to prohibit the Board of Trustees from paying retirement benefits or allowances to any member convicted of any felony if the offense is committed while the member is in service and the conduct resulting in the conviction mandates revocation of a certification or professional license required to maintain employment in the position held by the member when the offense was committed. Makes conforming changes to the act's long title.
Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Employment and Retirement, Government, State Government, State Personnel, Local Government, Health and Human Services, Social Services, Child Welfare
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Bill H 142 (2023-2024)Summary date: Feb 16 2023 - View Summary
Part I.
Amends GS 14-27.32, prohibiting sexual activity with a student, by increasing the penalty from a Class I to Class G felony for a defendant who is school personnel other than a teacher, school administrator, student teacher, school safety officer, or coach, and is less than four years older than the victim and engages in vaginal intercourse or a sexual act with a student. Amends the definition of student that applies throughout the statute to now define student as a person enrolled in kindergarten, or in grade one through grade 12 in any school within six months of any violation of this statute (current law does not specify enrollment within six months of a violation). Makes organizational changes.
Amends GS 14-202.4, prohibiting taking indecent liberties with a student, by increasing the penalty from a Class I to Class G felony when (1) a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel and is at least four years older than the victim, takes indecent liberties with a student, at any time during or after the time the defendant and victim were present together in the same school but before the victim ceases to be a student or (2) a defendant, who is school personnel other than a teacher, school administrator, student teacher, school safety officer, or coach, and who is less than four years older than the victim, takes indecent liberties with a student, as provided in (1). Amends the definition of student that applies throughout the statute to now define student as a person enrolled in kindergarten, or in grade one through grade 12 in any school within six months of any violation of this statute (current law does not specify enrollment within six months of a violation). Makes organizational changes.
Applies to offenses committed on or after December 1, 2023.
Part II.
Adds new Part 3B, Reporting Misconduct of Licensed School Employees, in Article 22 of GS Chapter 115C, providing as follows. Requires any superintendent, assistant superintendent, associate superintendent, personnel administrator, or principal who knows or has reason to believe that an employee licensed under Article 17E of GS Chapter 115C has engaged in misconduct resulting in dismissal, disciplinary action, or resignation to report the misconduct to the State Board of Education within five days of dismissal, determination of disciplinary action, or acceptance of resignation. Makes it a Class I felony to fail to report misconduct. Prohibits school personnel from threatening, harassing, or retaliating against any other person for making a report. Defines misconduct as (1) conduct that justifies automatic revocation of a license under GS 115C-270.35(b) (which sets out 23 specified crimes that require automatic revocation) or (2) the infliction of a physical injury against a child other than by accident or in self-defense. Applies to offenses committed on or after December 1, 2023.
Part III.
Adds to the Center for Safer Schools' duties in GS 115C-105.5, developing and producing age-appropriate videos to be shown to students in grades six through 12 that include at least the information listed in GS 115C-12(47). Requires distribution of the videos to all public school units and allows providing the videos to nonpublic schools upon request. GS 115C-12(47) requires the State Board of Education, in consultation with the Superintendent of Public Instruction, to adopt a rule requiring information on child abuse and neglect, including age-appropriate information on sexual abuse, to be provided by public school units to students in grades six through 12. Expands upon the forms that this information must be presented in, to include the video and requires it to be shown to all students no more than five days after the first day of the school year. Makes additional conforming changes. Requires the Center for Safer Schools to produce and distribute the videos no later than June 30, 2024. Applies beginning with the 2024-25 school year.
Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO MODIFY PENALTIES AND DEFINITIONS FOR CERTAIN SEX OFFENSES AGAINST STUDENTS, TO INCREASE THE PENALTIES FOR THE FAILURE OF SCHOOL ADMINISTRATORS TO REPORT CERTAIN MISCONDUCT TO THE STATE BOARD OF EDUCATION, AND TO REQUIRE PUBLIC SCHOOL UNITS TO SHOW STUDENTS IN GRADES SIX THROUGH TWELVE A VIDEO PRODUCED BY THE CENTER FOR SAFER SCHOOLS CONTAINING AGE-APPROPRIATE INFORMATION ABOUT SEXUAL ABUSE, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC INSTRUCTION.