Bill Summary for H 775 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO REQUIRE CRIMINAL HISTORY CHECKS FOR THE INITIAL MEMBERS OF A CHARTER SCHOOL BOARD OF DIRECTORS AND APPLICANTS FOR EMPLOYMENT WITH A PUBLIC SCHOOL UNIT; TO MODIFY REPORTING REQUIREMENTS FOR MISCONDUCT BY SCHOOL EMPLOYEES; TO STRENGTHEN REPORTING REQUIREMENTS FOR THREATS AND ASSAULTS ON TEACHERS; AND TO ENCOURAGE THE STATE BOARD OF EDUCATION TO ALIGN ITS LICENSURE SYSTEM WITH THE MULTISTATE EDUCATOR LOOKUP SYSTEM.Intro. by Biggs, N. Jackson, Cotham, Willis.
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Bill summary
House committee substitute to the 3rd edition makes the following changes and makes conforming changes to the long title.
Amends GS 115C-218.4 by adding a definition by reference to GS 115C-77(a) for consumer reporting agency. Requires the criminal history check of the board of directors of a nonprofit corporation to be performed by either a consumer reporting agency, the State Bureau of Investigation (SBI), or both (was, a requirement for the criminal history check alone with no reference to who must perform it). Restricts the list in subsection (c) to be applicable to only those criminal history checks completed by the SBI.
Makes technical changes that reorganize parts of GS 115C-218.4.
Adds Part II-A.
Section 2A.
Amends GS 115C-326.20 by adding a new subdivision to (a) that includes the intentional infliction of emotional distress against a child in the definition of misconduct. Adds reporting requirement to certain, listed school personnel with knowledge of, reason to believe, or actual notice of a complaint or criminal allegation (was, complaint only) for a relevant licensed employee of misconduct resulting in dismissal, disciplinary action, or resignation to the State Board of Education.
Makes technical changes to the organization of this reporting requirement by moving language pertaining to the misconduct resulting in resignation to a new subsection (b1). Changes the timeline for reporting in the event of resignation to five days after the acceptance of the resignation or notice of the complaint or criminal allegation, whichever is later (was, five days after the acceptance of the resignation only). Amends the presumption that misconduct resulted in resignation by making conforming changes capturing the addition of the criminal allegation.
Makes technical changes to GS 115C-326.20 by moving the punishment for failing to report to a new subsection (b2).
Adds subsections (d) and (e) to GS 115C-326.20. Except as provided in subsection (e), requires a law enforcement agency to report alleged misconduct to the superintendent, or equivalent authority, of a public school unit (unit) within 30 days of receiving a report that an employee of the governing body of a unit has engaged in misconduct that is alleged to have been committed either against a student of the unit or on the educational property of the unit, as defined in GS 14-269.2(a). Subsection (e) requires a law enforcement agency to report alleged misconduct to the Superintendent of Public Instruction if it is required under subsection (d) and is alleged to have been committed by the superintendent or equivalent authority of the unit.
Section 2A is effective December 1, 2025, and applies to offenses committed on or after that date.
Adds Part II-B.
Section 2B.
Amends GS 115C-288(g). Adds to the actions that trigger the reporting requirement by a principal. Adds a threat directed at a teacher or assault has occurred on school property (was, no language about a threat and only an assault resulting in serious personal injury) to the list of actions that must be immediately reported by a principal with personal knowledge or actual notice from school personnel to the appropriate local law enforcement agency. Adds that for a child with a relevant disability, the principal does have discretion to determine if a threat or an assault that does not result in personal injury is reported to law enforcement. Defines a child with a relevant disability as a child with an individualized education program, defined in GS 115C-106.3, who is identified as having an intellectual disability, serious emotional disturbance, and/or a developmental delay.
Amends GS 115C-289.1(a) by adding a requirement for supervisors to report to the principal if a supervisor of a school employee has actual notice that a school employee has received a threat from a student and amended the reporting requirement to require a supervisor to report any assault by a student in violation of GS 14-33(c)(6) to the principal (was, only those assaults resulting in a physical injury as defined in GS 14-34.7).
Amends GS 115C-150.12C(29) by making technical changes and adding two requirements for the board of trustees to adopt rules that require the principal to report acts to law enforcement in accordance with GS 115C-288(g) and to require school employee supervisors to report acts to the principal in accordance with GS 115C-289.1(a).
Amends GS 115C-218.75 by adding a new subsection (p) mandating charter schools to require a principal, or equivalent authority, to comply with the reporting requirements of GS 115C-288(g) and school employee supervisors to comply with the reporting requirements of GS 115C-289.1(a).
Amends GS 115C-238.66 by adding a new subdivision (23) mandating regional schools to require a principal, or equivalent authority, to comply with the reporting requirements of GS 115C-288(g) and school employee supervisors to comply with the reporting requirements of GS 115C-289.1(a).
Amends GS 116-239.8(b) by adding a new subdivision (26) mandating laboratory schools to require a principal, or equivalent authority, to comply with the reporting requirements of GS 115C-288(g) and school employee supervisors to comply with the reporting requirements of GS 115C-289.1(a).
Section 2B is effective when it becomes law and applies to incidents or reports occurring on or after that date.