Bill Summary for S 867 (2015-2016)

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Summary date: 

Jun 16 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 867 (Public) Filed Tuesday, May 10, 2016
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

House committee substitute makes the following changes to the 3rd edition.

Changes the long title.

Amends proposed GS 115C-297.1, concerning school personnel history checks, by adding a new subsection to allow the State Board of Education (Board) to provide, upon request, the criminal history it receives on a person to a local board of education, regional board of directors, or charter board of directors considering employment of that individual, within the six months following licensure. Makes conforming changes to the proposed provisions of subsection (f) establishing that all information received by the Board through the criminal background check pursuant to the statute is privileged information, not a public record, and for the exclusive and confidential use of the Board, and a local board of education, regional board of directors, or charter board of directors considering employment of an individual granted licensure, and may be destroyed by those entities within one year after it is used for the purposes authorized by the statute. Makes technical changes.

Amends proposed GS 143B-931.1 to additionally authorize the Department of Public Safety (DPS) to provide to the Board the criminal history of the member of a board of directors of a nonprofit seeking initial approval to establish a charter school under Article 14A of GS Chapter 115C. Makes conforming changes.

Amends proposed subdivision (3) of GS 115C-218.90(b), concerning criminal history checks of charter school employee applicants, to establish that all the information received by the charter school board of directors through the criminal history check or by the Board pursuant to the statute is privileged, not a public record, and for exclusive use of the charter school board of directors, appropriate officers of the charter school as permitted by federal law (previously, did not provide for exclusive use of the privileged information by appropriate officers of the charter school as permitted by federal law), or the Board.

Amends GS 115C-238.73(b), concerning criminal history record checks of personnel applicants in regional schools, to provide that the board of directors of a regional school may request the criminal history check completed for licensure purposes from the Board as provided in GS 115C-297.1(e).

Amends GS 115C-332(b), concerning school personnel criminal history checks that may be required by each local board of education, to provide that the local board of education may request the criminal history check completed for licensure purposes from the Board as provided in GS 115C-297.1(e).

Amends GS 115C-218.1(b)(3), setting out the requirements of an application by a nonprofit corporation to establish a charter school, to require the initial members of the board of directors to consent to a criminal history check as provided in GS 115C-218.115, as enacted by the act.

Enacts GS 115C-218.115, Charter board of directors criminal history checks, which is similar to the provisions of proposed GS 115C-297.1, concerning criminal history checks of applicants for licensure.

Directs the Board to require all members of the board of directors of a nonprofit to be checked for a criminal history before granting final approval of a charter application, similar to proposed GS 115C-297.1(b). Defines a member to mean an individual who is a member of the board of directors of a nonprofit seeking approval to establish a charter school. Defines criminal history identically to the definition provided in proposed GS 115C-297.1(a). Requires the member, or the nonprofit on behalf of the member, to pay for the criminal history check.

Requires DPS to provide the Board with the criminal history of any member from the State and National Repositories of Criminal Histories. Directs the Board to require the member to be fingerprinted and provide information required by DPI to a person designated by the Board, as well as sign a form consenting to the check and use of the member's fingerprints and other identifying information required by the repositories. Prohibits the Board from issuing a charter to a nonprofit with a member who refuses to consent to a criminal history check. Similar to proposed GS 115C-297.1(c).

Directs the Board to review the criminal history on a person and determine whether the results of the review indicate that the member either poses a threat to the physical safety of students or personnel, or have demonstrated that the member does not have the integrity or honesty to fulfill the duties of a member of the board of directors of a charter school. Requires the Board to make written findings as to how it used the information of the member's criminal history if the Board denies an application for charter based on its review of a member's criminal history. Similar to proposed GS 115C-297.1(d).

Establishes that all information received by the Board through the criminal history check of a member pursuant to the statute is privileged, not public record, and for the exclusive and confidential use by the Board. Allows the Board to destroy the information after it is used for the purposes authorized after one calendar year. Similar to proposed GS 115C-297.1(f).

Creates an immunity clause for the Board, or its employees, for liability for negligence arising from any act taken or omission by any of them in carrying out the provisions of the statute. Provides that the immunity does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would be otherwise actionable. Establishes that the immunity is deemed waived to the extent of indemnification by insurance, indemnification under Article 31A (Defense of State employees, medical contractors and local sanitarians) or Article 31B (Defense of public school employees) of GS Chapter 143, and to the extent sovereign immunity is waived under the Tort Claims Act under Article 31 of GS Chapter 143 (Tort claims against State departments and agencies). Identical to proposed GS 115C-297.1(g).

Establishes that any member who willfully furnishes, supplies, or otherwise gives false information for a criminal history record check under the statute is guilty of a Class A1 misdemeanor. Similar to proposed GS 115C-297.1(h).

The act applies to applications for licensure and employment and application for initial charters (previously, application for initial charters was not included) that are received 60 or more days after the act becomes law.