Section 1

Amends GS 115C-296 to direct the State Board of Education to require all applicants for teacher licensure in the State to be checked for a criminal history, as provided in GS 115C-297.1. Adds criminal history check to the services for which fees may be established for teacher licensure.

Enacts GS 115C-297.1 to direct the State Board of Education (Board) to require school personnel applicants to be checked for a criminal history before the applicant is issued an unconditional license. Defines applicant and criminal history as those terms apply to the statute. Authorizes the Board to conditionally license an applicant while the Board is checking the person's criminal history and making a decision based on those results. Directs the Board to require the applicant to pay for the criminal history check, but allows a local board to pay for the check on behalf of the applicant. Requires the Department of Public Safety (DPS) to provide to the Board the criminal history from the State and National Repositories of Criminal Histories of any applicant for licensure. Directs the Board to require a person to sign a form consenting to the check of the criminal record and to the use of fingerprints and any other identifying information required by the repositories. Prohibits the Board from issuing a license to an individual who refuses to consent to a criminal history check. Directs the Board to review the criminal history of a person and based on that review determine if the applicant (1) poses a threat to the physical safety of students or personnel, (2) has demonstrated that he/she does not have the integrity or honesty to fulfill his/her duties as public school personnel, or (3) otherwise fails to meet the standards and criteria adopted by the Board governing ethics and moral character required for professional educators. Requires the Board to make written findings with regard to how it used this information in making licensure decisions if the Board denies an applicant based on its review of the criminal history. Allows the Board to provide the criminal history it receives on a person to a local board considering employment of that individual upon request.

Establishes that all information the Board receives in checking criminal history is privileged information and is not a public record. Provides that the Board can destroy the information after licensure of the individual has been renewed or has ended. Allows the local board to destroy the information after it is used for purposes of considering employment of an individual granted licensure after one calendar year. Grants limited immunity to the Board, the Superintendent of Public Instruction, and the Department of Public Instruction (DPI) in carrying out these provisions. Makes it a Class A1 misdemeanor for any applicant for licensure to willfully furnish, supply, or otherwise give false information on a licensure application that is the basis for a criminal history check under this statute.

Enacts GS 143B-931.1 to direct DPS to provide to the Board, upon the Board's request, the criminal history from the State and National Repositories of Criminal Histories of (1) any applicant for licensure for a teaching position under Article 20 of GS 115C or (2) 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. Requires the Board to provide DPS the fingerprints of the applicant or member, a form signed by the applicant or member consenting to a criminal record check and use of fingerprints and other identifying information required by the repositories, and any additional information required by DPS. Requires the applicant or member's fingerprints be forwarded to the SBI for a search of the State's criminal history record file, and directs the SBS to forward a set of fingerprints to the FBI for a national criminal history record check. Requires the Board to keep all information obtained pursuant to this statute confidential. Authorizes DPS to charge a fee to offset the cost incurred by it to conduct a criminal record check, but prohibits the fee from exceeding the actual cost of locating, editing, researching, and retrieving the information.

Encourages the Board to work toward programming of the licensure system to align with the Multistate Educator Lookup System established by the National Association of State Directors of Teacher Education and Certification to enable electronic validation of out-of-state credentials and related information.

Applies to applications for licensure that are received on or after October 1, 2017.

Section 2

Amends GS 115C-218.90, concerning charter school employment requirements, to direct charter school boards of directors to uniformly require applicants to be checked for criminal history either by a consumer reporting agency, the Department of Public Safety (DPS), or both. If the board of directors requires a criminal history check by DPS, directs the board to require a person to sign a form consenting to the check of the criminal record and to the use of fingerprints and any other identifying information required by the repositories. Prohibits the board of directors from employing or contracting with individuals who refuse to consent to a criminal history check. Requires the applicant's fingerprints be forwarded to the SBI for a search of the State's criminal history record file, and directs the SBI to forward a set of fingerprints to the FBI for a national criminal history record check. Directs DPS to provide the board of directors the criminal history report from the repositories for which the board of directors requires a criminal history check. Adds the Superintendent of Public Instruction to the statute's existing immunity clause. 

Establishes that all information the board of directors receives in checking criminal history is privileged information and is not a public record. Allows the board of directors or the State Board of Education to destroy the information after it is used for purposes of considering employment of an individual after one calendar year. Makes conforming and technical changes to subsection (a).

Amends GS 115C-238.73 to direct the board of directors of a regional school to require an applicant for a school personnel position to be checked for criminal history. Allows the board of directors to request a criminal history check completed for licensure purposes from the State Board of Education as provided in GS 115C-297.1(e) for any applicant holding a license. Authorizes the board of directors to require an applicant to pay for the criminal history record check (previously, prohibited). Directs the board of directors to uniformly require applicants to be checked for criminal history either by a consumer reporting agency, DPS, or both. Defines consumer reporting agency. Clarifies that if the board of directors requires a criminal history check by DPS, then the board must require a person to sign a form consenting to the check of the criminal record and to the use of fingerprints and any other identifying information required by the repositories. Prohibits the board of directors from employing or contracting with an individual who refuses to consent to a criminal history check (previously, required the board to consider refusal to consent when making employment decisions). Authorizes the board of directors to require applicants to pay for the fingerprints authorized under this statute (previously, prohibited). Allows the board of directors to adopt a policy providing for a periodic check of the criminal history of employees, as provided in this statute, but may not require employees to pay for this periodic criminal history check. Makes clarifying and technical changes.

Amends GS 115C-332, concerning school personnel criminal history checks, to require each local board of education to adopt a policy that requires an applicant for a school personnel position to be checked for criminal history. Allows the local board of education to request the criminal history check completed for licensure purposes from the State Board of Education as provided in GS 115C-197.1(e) for any applicant holding a license. Authorizes a local board to require an applicant to pay for the criminal history check (previously, prohibited). Directs a local board of education to uniformly require applicants to be checked for a criminal history either by a consumer reporting agency, DPS, or both. Defines consumer reporting agency. Clarifies that if the local board requires a criminal history check by DPS, then the board must require a person to sign a form consenting to the check of the criminal record and to the use of fingerprints and any other identifying information required by the repositories. Prohibits the local board from employing or contracting with an individual who refuses to consent to a criminal history check (previously, required the board to consider refusal to consent when making employment decisions). Authorizes the local board to require applicants to pay for the fingerprints authorized under this statute (previously, prohibited).  Allows the local board to adopt a policy providing for periodic check of criminal history of employees, as provided in this statute, but may not require employees to pay for this periodic criminal history check. Makes conforming and technical changes.

Makes conforming changes to GS 143B-931, concerning criminal record checks of school personnel by DPS, to provide for criminal record checks by DPI upon the request of the board of directors of a charter school or the board of trustees of a University of North Carolina laboratory school.

Applies to applications for employment that are received on or after January 1, 2018.

Section 3

Amends GS 115C-218.1(b), concerning the required contents of an application seeking to establish a charter school, to require that the initial members of the board of directors consent to a criminal history check as provided in GS 115C-218.115. 

Enacts GS 115C-218.115 to direct the State Board of Education (Board) to require all members of the board of directors of the nonprofit to be checked for criminal history before granting final approval of a charter application. Defines member and criminal history as those terms apply to the statute. Directs the Board to require members to pay for the criminal history check, but allows the nonprofit to pay for the check on behalf of the member. Requires DPS to provide the Board the criminal history from the State and National Repositories of any member. Directs the Board to require a person to sign a form consenting to the check of the criminal record and to the use of fingerprints and any 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. Directs the Board to review the criminal history of a member and based on that review determine if the applicant (1) poses a threat to the physical safety of students or personnel or (2) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as a member of the board of directors of a charter school. Requires the Board to make written findings with regard to how it used this information if the Board denies an applicant based on its review of the criminal history of a member.

Establishes that all information the Board receives in checking criminal history is privileged information and is not a public record. Allows the Board to destroy the information after it is used for authorized purposes after one calendar year. Grants limited immunity to the Board, the Superintendent of Public Instruction, and DPI in carrying out these provisions. Makes it a Class A1 misdemeanor for any applicant for licensure to willfully furnish, supply, or otherwise give false information on a licensure application that is the basis for a criminal history check under this statute.

Applies to applications for initial charters received on or after October 1, 2017.