PROTECT STUDENTS IN SCHOOLS.

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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.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Jul 1 2016)

SOG comments (4):

Long Title Change

Senate committee substitute to the 1st edition made a change to the long title. The original title was as follows:

AN ACT TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR TEACHER LICENSURE.

Change Long Title

House committee substitute to 3rd edition changed long title.  Long title was AN ACT TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR TEACHER LICENSURE AND SCHOOL PERSONNEL EMPLOYMENT.

Long Title Change

House committee substitute to the 4th edition made changes to the long title. The original title was as follows:

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.

Long Title Change

House amendments to the 5th edition made changes to the long title. The original title was as follows:

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.

S 867

Bill Summaries:

  • Summary date: Jul 1 2016 - View Summary

    House amendments make the following changes to the 5th edition.

    Amendment #1 amends the proposed addition to GS 160A-417 to establish that no low voltage permit is to be required for any construction, installation, repair, replacement, or alteration of passive optical or coaxial cable networks (previously, passive optical networks).

    Amendment #2 amends the proposed addition to SL 2015-126, Section 2, to remove the language that required the annual report to be due on December 1 of each year, beginning in 2016, to instead establish the annual report is due with no specific dates. Also returns the application date of SL 2015-12 to 2017.

    Amendment #3 changes the long title.

    Amends GS 115C-296.12, concerning lateral entry teacher education preparation programs, by adding a new subsection (a1) to allow the State Board of Education (Board) to approve alternative, private, for-profit or nonprofit lateral entry teacher preparation programs that meet standards set by the Board. Provides that the standards are to include preservice training pursuant to existing subsection (a) of the statute, as well as the competency-based standards necessary to earn a teaching license pursuant to subdivisions (1) through (4) of existing subsection (b) of the statute. Directs that the approved alternative, private, lateral entry teacher education preparation program providers are to administer the training to meet those standards. Makes conforming change to subsection (e) of the statute to reflect the option of an alternative, private, for-profit or nonprofit lateral entry teacher education preparation program that meets the standards set by the Board, as provided in new subsection (a1).

    Directs the Board to request participation applications from alternative, private, for-profit or nonprofit lateral entry teacher education preparation programs no later than September 1, 2016. Requires that, by December 15, 2016, the Board must approve at least one program but no more than four programs, if the programs meet the requirements of GS 115C-296.12(a1). Authorizes approved programs to begin operating as early as the 2017 Spring academic term.


  • Summary date: Jul 1 2016 - View Summary

    House committee substitute makes the following changes to the 4th edition.

    Amends the act's long title. 

    Amends GS 115C-297.1 concerning criminal history checks of school personnel, allowing the State Board of Education (SBE) to license an applicant conditionally while the criminal history check and subsequent decisions based on those results are being made. Provides that the SBE must check the criminal history  of an applicant before issuing an unconditional license to that applicant (previously, the SBE required all applicants to be checked before any license could be issued). Further provides that regional board of directors or charter board of directors can pay for the criminal history check in addition to local boards of education. Amends provisions to allow the SBE to provide the results of the criminal history check to interested parties as specified during the entire period of licensure (previously, only allowed such disclosure during first six months of licensure). Provides that the SBE can destroy the information after it is used for the authorized purposes, after the licensure of the individual has ended or been renewed (previously, only allowed the SBE to destroy the information after one calendar year). 

    Adds a new section encouraging the SBE to work towards aligning the licensure system with the MultiState Educator Lookup System to enable electronic validation of out-of-state credentials and related information. 

    Amends proposed GS 115C-218.90(b)(1a) concerning the employment requirements of charter schools, requiring the charter board of directors to uniformly require applicants to be checked for criminal history by either a consumer reporting agency, the Department of Public Safety, or both (previously, did not allow the criminal history check to be conducted by a consumer reporting agency). Clarifies the procedure for the check if it is to be conducted by the Department of Public Safety. Prohibits charter board of directors from employing or contracting with individuals that refuse to consent to a criminal history check. 

    Enacts new GS 115C-238.73(a)(1a), concerning regional schools, defining consumer reporting agency for use in the statute concerning criminal history checks for employment in a regional school. Deletes a provision in subsection (b) that exempted applicants for a personnel position at a regional school from the criminal history check requirement if the individual had received a license within six months of employment that required the equivalent of the check requirement in (c) of the statute. Adds language to subsection (c) requiring the regional board of directors to uniformly require applicants to be checked for criminal history by either a consumer reporting agency, the Department of Public Safety, or both (previously, did not allow the criminal history check to be conducted by a consumer reporting agency). Clarifies the procedure for the check if it is to be conducted by the Department of Public Safety. Prohibits regional boards of directors from employing or contracting with individuals that refuse to consent to a criminal history check (previously, allowed the board of directors to take it into consideration when making employment decisions but refusal was not an outright ban to employment). Also provides that the board of directors can require applicants to pay for the fingerprints required under this statute (previously, did not let the board of directors charge applicants for fingerprints). Enacts new subsection (i) allowing the board of directors to adopt a policy providing for the periodic checks of criminal history of employees and provides that the board cannot require employees to pay for the criminal history check as authorized by this statute. Makes clarifying changes.

    Amends GS 115C-332 concerning criminal history checks of employees of local boards of education, enacting new subsection (a)(1a), defining consumer reporting agency for use in the section. Adds language to subsection (c) requiring local boards of education to uniformly require applicants to be checked for criminal history by either a consumer reporting agency, the Department of Public Safety, or both (previously, did not allow the criminal history check to be conducted by a consumer reporting agency). Clarifies the procedure for the check if it is to be conducted by the Department of Public Safety. Prohibits boards of education from employing or contracting with individuals that refuse to consent to a criminal history check (previously, allowed the board of directors to take it into consideration when making employment decisions but refusal was not an outright ban to employment). Also provides that local boards of education can require applicants to pay for the fingerprints required under this statute (previously, did not let the local board of education charge applicants for fingerprints). Enacts new subsection (i) allowing the local boards of education to adopt a policy providing for the periodic checks of criminal history of employees and provides that they cannot require employees to pay for the criminal history check as authorized by this section. Makes clarifying changes.

    Enacts new Article 29E, Student Safety Reporting in Athletics, in GS Chapter 115C, to provide as follows.

    Requires the SBE to create a database maintained by the Department of Public Instruction for high school and middle school personnel to report catastrophic illnesses and injuries and concussions occurring during athletic activities involving school athletes. The Article defines catastrophic illness or injury as an illness or injury occurring during athletic activity that results in a fatality, permanent disability, or serious injury, including, but not limited to, a fractured neck; severe traumatic brain injury, such as a subdural hematoma; temporary or transient paralysis; heat stroke related to exercise; sickle‑cell trait associated collapse; sudden cardiac arrest; or commotio cordis. The Article defines athletic activities as an activity offered to students enrolled in a high school or middle school covering grades six or higher under any of the following circumstances: (1) interscholastic athletics; (2) an athletic contest or competition, other than interscholastic athletics, sponsored by a school, including cheerleading, or any other sports activities provided by a club or school‑affiliated organization that is school‑sponsored; or (3) practices, interschool practices, and scrimmages for all of the activities listed above.

    Requires that the SBE require at least the nine listed types of information to be included in the report, including the sport that the student was playing when becoming ill or injured, the category of illness or injury, and whether the illness or injury resulted in a fatality. Requires a report to the Department of Public Instruction from the athletic director, principal, or their designees on whether a catastrophic illness or injury or a concussion has occurred, with a report required each month in which student athletes are participating in an athletic activity at a high school or middle school. Limits the entities that will have access to the information contained in the database and prohibits the information in the database from containing personally identifiable student data.

    The above reporting requirements apply beginning January 1, 2017.

    Amends Section 2 of SL 2015-126, an act to require that the state board of education include specific data in its annual report on the teaching profession, to make the changes to GS 115C-12 applicable beginning with the annual report compiled in 2016 (was, 2017). Makes conforming changes. Adds that beginning in 2016, the annual report is due on December 1 of each year and may not be released publicly in final or draft format by the SBE or the Department of Public Instruction before November 15 of each year.

    Amends GS 160A-417(a2) by adding that no low voltage permit is required for any construction, installation, repair, replacement, or alteration of passive optical networks.

    Provides that if H242, Various Charter School Law Changes, becomes law, then Section 6.5 of SL 2014-101, as amended in H242, is further amended to require that the SBE ensure that the rules for a fast-track replication process provide that decisions by the SBE on whether to grant a charter through the replication process be completed in less than 120 days from the application submission date but in no even later than October 15 of the year immediately preceding the year of the proposed school opening (was, completed no later than October 15 of the year immediately preceding the year of the proposed school opening).

    Provides that if federal Investing in Innovation Grant funds are unavailable because of the insolvency of the North Carolina New Schools Project, any costs incurred by local school administrative units and the community college partners in implementing the program may be funded by the local school administrative unit or a third party. Prohibits community colleges from earning budget FTE for student course enrollments under this section, unless the student course enrollment is otherwise authorized in GS 115D-20(4)a. Applies only to the 2016-17 school year.

    Makes Section 1 of the act, amending GS 115-296, GS 115C-297.1, and GS 143B-931.1 applicable to applications for licensure received on or after October 1, 2016. Section 2, amending GS 115C-218.90, GS 115-238.73, GS 115C-332, and GS 143B-931, is applicable to applications for employment received on or after January 1, 2017. Section 3, amending GS 115C-218.1 and enacting GS 115C-218.115, applies to applications for initial charters that are received on or after October 1, 2016.


  • Summary date: Jun 16 2016 - View 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.


  • Summary date: May 26 2016 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition. 

    Amends proposed new GS 115C-297.1 to require that the State Board of Education require applicants to be checked for a criminal history (was, required the criminal history of applicants who have not been previously licensed in the State) before issuing a license.


  • Summary date: May 24 2016 - View Summary

    Senate committee substitute makes the following changes to the 1st edition.

    Amends the act's long title.

    Amends GS 115C-296, specifically the new provisions which state that the State Board of Education (SBE) will require all applicants for licensure to have a criminal history check, adding language to clarify that this a requirement for all applicants for licensure in the State of North Carolina. 

    Amends newly enacted GS 115C-297.1, School personnel criminal history checks, setting out and defining applicant for use in this statute. Also amends the definition for criminal history, making technical changes and provides that a plea of nolo contendere to a crime is also included in the definition for "criminal history." Further amends the definition to also state that the conviction of or plea of nolo contendere to a crime is considered criminal history if the conviction or nolo contendere plea indicates that the applicant otherwise fails to meet the standards and criteria adopted by the SBE concerning the ethics and moral character required for professional educators. Makes conforming changes and provides that written findings by the SBE regarding how criminal history information was used will only occur when an applicant is denied based on the review of their criminal history (previously, required such written findings in all licensure decisions).

    Amends GS 115C-218.90(b) and GS 115C-238.73 to allow charter school boards of directors and regional school boards of directors to require applicants for school personnel positions to be checked for criminal history against the State and National Repositories of Criminal History as specified. Amends GS 115C-218.90(b) further to also require fingerprinting and to make information received in the background check privileged. Further amends GS 115C-238.73 to exclude applicants for a personnel position at a regional school from the criminal history check if the individual has received a license within six months of employment that required the equivalent of the check requirement in (c) of the statute.

    Amends GS 115C-332, concerning the general regulations of elementary and secondary education institutions, to require criminal history checks for school personnel and to provide an exemption for the criminal history check for those applicants for school personnel positions with a local board of education that received a license within the last six months prior to employment that required a criminal history check at least equivalent to the required criminal history check. Allows local boards of directors and local boards of education to charge applicants for the criminal history check. 

    Amends GS 143B-931, concerning powers of the Department of Public Safety (DPS), making conforming changes to allow DPS to provide state and national criminal histories to the board of directors of charter schools. 

    Deletes language that required the SBE to require applicants for licensure renewal to undergo a criminal history check if they had not previously been checked for criminal history by the SBE.

    Amends the effective date clause, providing that the bill is effective when it becomes law, applying to all applications for licensure received 60 days on or after that date (previously, effective July 1, 2016, applying to applications for licensure received on or after that date). 


  • Summary date: May 11 2016 - View 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.