Bill Summary for S 867 (2015-2016)
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| View NCGA Bill Details | 2015-2016 Session |
AN ACT TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR TEACHER LICENSURE AND SCHOOL PERSONNEL EMPLOYMENT AND FOR BOARD MEMBERS OF NONPROFITS SEEKING INITIAL APPROVAL TO ESTABLISH A CHARTER SCHOOL; REQUIRE THAT THE STATE BOARD OF EDUCATION CREATE A DATABASE FOR CERTAIN SCHOOL PERSONNEL TO REPORT CATASTROPHIC ILLNESSES AND INJURIES AND CONCUSSIONS INVOLVING STUDENT ATHLETES; CHANGE THE REPORTING DATE FOR REPORT ON THE STATE OF THE TEACHING PROFESSION; ELIMINATE LOW VOLTAGE BUILDING PERMIT REQUIREMENTS FOR PASSIVE OPTICAL NETWORKS; ENCOURAGE PARTNERSHIPS FOR DIGITAL LEARNING; REQUIRE THE STATE BOARD OF EDUCATION TO MAKE FAST TRACK CHARTER SCHOOL REPLICATION DECISIONS WITHIN ONE HUNDRED TWENTY DAYS; AND PROVIDE FOR ENROLLMENT OF CERTAIN HIGH SCHOOL STUDENTS IN COMMUNITY COLLEGE COURSES; AND TO DIRECT THE STATE BOARD OF EDUCATION TO APPROVE CERTAIN QUALIFYING ALTERNATIVE LATERAL ENTRY TEACHER EDUCATION PREPARATION PROGRAMS.Intro. by Barefoot, Wade, Newton.
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Bill summary
Amends GS 115C-296, concerning the State Board of Education (SBE) having entire control of licensing of all applicants for teaching positions in North Carolina public schools, adding new language to subsection (a) that provides that the SBE now will require all applicants that have not been previously licensed in North Carolina to undergo a criminal history check, as provided for in GS 115C-297.1. Further provides that the SBE may charge a fee for performing a criminal history check.
Enacts new GS 115C-297.1, School personnel criminal history checks, defining "criminal history" for use in this section and setting out numerous crimes and offenses that if committed, indicates the employee either poses a threat to the physical safety to students or personnel, or has demonstrated they don't have the integrity and honesty to fulfill duties as public school personnel. Specifies that all those applicants not previously licensed in NC must have a criminal history check before receiving a license and that the SBE will charge a fee for the check. Further requires the Department of Public Safety to provide the SBE the criminal history from state and national repositories, while the SBE must also submit fingerprints and paperwork to the Department of Public Safety for processing. After all background information is received SBE will use all information in order to make licensure decisions, with written findings to show how it used information in such decisions. Information received by the SBE in checking the criminal history is privileged. Includes immunity for SBE and others for acts or omission in carrying out the statute. Establishes that the willful issuance of wrong or misleading information, etc. for purposes of the background check is a Class A1 misdemeanor.
Enacts new GS 143B-931.1, authorizing the Department of Public Safety to provide such background information as sought by the SBE in regards to criminal history checks. Requires the SBE to submit fingerprints, signed consent forms and other identifying information to the Department of Public Safety.
Provides that the SBE will require applicants for licensure renewal that have not been previously checked for criminal history to undergo such a background check at the applicant's next license renewal.
Effective July 1, 2016, applying to applications for licensure received on or after that date.