Bill Summary for H 142 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
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.
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Bill 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.