Chapter 06 - Elementary and Secondary Education

SUBCHAPTER 06A – State Board of Education Rules

16 NCAC 06A .0101 SCHOOL CALENDAR

16 NCAC 06A .0102 SUSPENSION OF A PORTION OF THE SCHOOL TERM

History Note: Authority G.S. 115C‑36; 115C‑47(11); 115C-84; 115C‑84(c); 115C-302;

N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. July 1, 1995;

Repealed Eff. June 1, 1996.

16 NCAC 06A .0103 EMERGENCY CLOSING OF INDIVIDUAL SCHOOLS

History Note: Authority G.S. 115C‑84(c); N.C. Constitution, Article IX, Sec. 5;

ARRC Objection Lodged May 25, 1989;

Eff. January 1, 1990;

Repealed Eff. July 1, 1995.

16 NCAC 06A .0104 Waivers for school calendar start and end DATE
Exceptions from the opening dates as per G.S. 115C-84.2 include:

History Note: Authority G.S. 115C-84.2; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

SECTION .0200 – Organization and Administration

16 NCAC 06A .0201 DEFINITIONS

As used in this Chapter, the following definitions apply unless otherwise specified:

(1) "Board," "SBE," or "NCSBE" means the State Board of Education.

(2) "Charter school" means a public school organized and operated under Chapter 115, Article 14A of the General Statutes.

(3) "Department," "DPI," or "NCDPI" means the Department of Public Instruction.

(4) "High school" means a public school offering education in Grades 9 through 12 or 10 through 12.

(5) "Institution of higher education" or "IHE" means a community college, two-year college, four-year college, or university accredited by an agency recognized by the United States Secretary of Education to be a reliable authority on accreditation.

(6) "Junior high school" means a public school offering education in Grades 6 through 9 or 7 through 9.

(7) "Local education agency" or "LEA" means a local school administrative unit.

(8) "Local board of education" or "local board" is defined in G.S. 115C-5(5).

(9) "Local school administrative unit" or "LSAU" is defined in G.S. 115C-5(6).

(10) "Local superintendent" means the superintendent of a local school administrative unit, as provided in Chapter 115C, Article 18 of the General Statutes.

(11) "Middle school" means a public school offering education in Grades 6 through 8.

(12) "Principal" means a school administrator employed as the principal of a school, as provided in Chapter 115C, Article 19 of the General Statutes.

(13) "Professional educator" is defined in G.S. 115C-270.1(2).

(14) "Public school" or "school" means a public institution offering tuition-free education at any level from Kindergarten through Grade 12 and that is under the jurisdiction of a public school unit.

(15) "Public school unit" or "PSU" is defined in G.S. 115C-5(7a).

(16) "PSU governing body" or "governing body of a public school unit" is defined in G.S. 115C-5(3a).

(17) "Regional school" is defined in G.S. 115C-238.61(4).

(18) "School district" is defined in G.S. 115C-5(4).

(19) "School for the blind" is defined in G.S. 115C-150.10(6).

(20) "School for the deaf" is defined in G.S. 115C-150.10(7).

(21) "School year" or "academic year" means a calendar year beginning on July 1 of one year and ending on June 30 of the following year.

(22) "Student" means a person enrolled in pre-kindergarten, kindergarten, or in Grade 1 through Grade 12 in any public school unit.

History Note: Authority G.S. 115C-5; 115C-12; 115C-150.10; 115C-218; 115C-238.61; 115C-270.1;

Eff. January 1, 2025.

16 NCAC 06A .0202 ADMINISTRATIVE OFFICE AND CONTACT INFORMATION

(a) The administrative offices for the State Board of Education and the Department of Public Instruction are located in the New Education Building, 301 North Wilmington Street, Raleigh, North Carolina 27601.

(b) The mailing address for the State Board of Education and the Department of Public Instruction is 6301 Mail Service Center, Raleigh, North Carolina 27699. To the extent that any rule in this Chapter calls for materials to be submitted via physical mail to the SBE, DPI, or any officer or employee thereof, the sender shall utilize this mailing address.

History Note: Authority G.S. 115C-5; 115C-12;

Eff. January 1, 2025.

SUBCHAPTER 6B ‑ STUDENT TRANSPORTATION SYSTEM

SECTION .0100 - STUDENT TRANSPORTATION SYSTEM

16 NCAC 06B .0101 SCHOOL BUS DRIVERS

History Note: Authority G.S. 115C‑240(c);

Eff. July 1, 1986;

Amended Eff. December 1, 1991;

Repealed Eff. June 1, 1996.

16 NCAC 06B .0102 SCHOOL BUS PASSENGERS

History Note: Authority G.S. 115C‑240(c);

Eff. July 1, 1986;

Amended Eff. November 1, 1991;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06B .0103 LOCAL POLICIES, Rules, and Regulations FOR PUBLIC SCHOOL TRANSPORTATION PROGRAMS

(a) Each local board of education shall adopt policies to assure the safe, orderly, and efficient operation of the public school transportation system under its jurisdiction and shall direct the local school administrative unit to adopt rules and regulations to implement those policies. These policies, rules, and regulations shall address, at minimum, the following:

(1) the use of school buses under G.S. 115C‑242(5);

(2) a uniform system of discipline on school buses;

(3) a uniform procedure for the recruitment and selection of school bus drivers;

(4) procedures for relieving a bus driver of driving duties;

(5) passenger safety rules;

(6) responsibilities of school bus monitors; and

(7) duties of local school administrative unit personnel for the administration of the school transportation program.

(b) The local school administrative unit shall post to its website a copy of all policies, rules, and regulations adopted in accordance with this Rule.

History Note: Authority G.S. 115C-12(17); 115C-240;

Eff. July 1, 1986;

Readoption Eff. September 1, 2025.

16 NCAC 06B .0104 BUS ROUTES

History Note: Authority G.S. 115C‑240(a);

Eff. July 1, 1986;

Amended Eff. July 1, 1992;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06B .0105 SCHOOL BUS MAINTENANCE

16 NCAC 06B .0106 SCHOOL BUS INSPECTIONS

History Note: Authority G.S. 115C‑240(a);

Eff. July 1, 1986;

Repealed Eff. June 1, 1996.

16 NCAC 06B .0107 EVALUATION OF PUBLIC SCHOOL TRANSPORTATION PROGRAMS

Local school administrative units shall permit the Department of Public Instruction to evaluate their public school transportation programs, including the LSAU's supervisory and safety practices, and shall comply with DPI requests for access to vehicles, equipment, workspace, and information regarding those programs.

History Note: Authority G.S. 115C-127(17); 115C-240;

Eff. July 1, 1986;

Amended Eff. July 1, 1994;

Readoption Eff. September 1, 2025.

16 ncac 06b .0108 PURCHASING FLEXIBILITY EXEMPTION

History Note: Authority G.S. 115C-522.1(e);

Temporary Adoption Eff. December 15, 1998;

Amended Eff. July 1, 2000;

Repealed Eff. April 1, 2005.

16 NCAC 06B .0109 Contract Transportation of Exceptional Children

History Note: Authority G.S. 115C-240(a); 115C- 250; 115C-253; N.C. Constitution, Article IX, Sec.5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06B .0110 Establishment of School Bus Routes

History Note: Authority G.S. 115C-240; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06B .0111 School Bus Passengers

(a) Local education agencies (LEAs) shall provide instruction in school bus safety to all students during the first five days of each new school year and at least once during each semester thereafter. LEAs shall document the date on which training was provided to each student. This instruction shall include:

(1) basic skills in and knowledge of safe behaviors in and around school buses and bus stops, including how to safely walk to school bus stops, wait at bus stops, load and unload from buses, ride in buses, cross streets at a bus stop, and recognize and obey the following North Carolina crossing signals:

(A) bus driver's extended arm with palm up to signal to students crossing a street to wait; and

(B) bus driver's arm extended with "thumbs up" followed by pointing with the index finger in the direction students are waiting to walk to indicate it is safe to cross the street in that direction; and

(2) instruction in the location and operation of emergency exits for the vehicle on which they are riding for any specific trip.

(b) LEAs shall adhere to and enforce the following rules when operating school buses, activity buses, commercial buses, or other contracted vehicles.

(1) LEAs shall not allow the number of passengers being transported to exceed the official rated capacity for the specific vehicle being used.

(2) LEAs shall ensure that all passengers are seated within the seating compartment, when any bus or other vehicle is in motion.

(3) LEAs shall ensure that no passenger is standing or sitting in the aisle or stepwell when any bus or other vehicle is in motion.

(c) LEAs shall require school bus drivers to utilize the North Carolina crossing signals described in Parts (a)(1)(A) and (B) of this Rule to communicate to students when it is safe to cross the street to board the bus and when it is safe to cross the street after exiting the bus.

(d) LEAs shall provide safety instruction to students riding in activity buses or commercial buses, including instruction and demonstration of emergency exit operation for the specific vehicle in which they are riding.

History Note: Authority G.S. 115C-12; 115C-240;

Emergency Adoption Eff. August 20, 2019;

Eff. October 1, 2020.

16 NCAC 06B. 0112 PURCHASE OF SCHOOL BUSES AND EQUIPMENT

Local education agencies shall purchase school buses from the statewide term contracts approved by the Secretary of Administration under G.S. 143-49 and shall purchase school bus brake pads, brake shoes, and brake hardware that have the same specifications as the original equipment.

History Note: Authority G.S. 115C-12; 115C-249; 115C-249.1; 115C-522;

Eff. December 1, 2020.

16 NCAC 06B .0113 Activity Bus Drivers

History Note: Authority G.S. 115C-240; 115C-245(a); N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. November 19, 2020.

16 NcAC 06B .0114 School Bus and Activity Bus Inspections

History Note: Authority G.S. 115C-240; 115C-248; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. March 18, 2021.

Subchapter 06C public School PERSONNEL

SECTION .0100 - qualifications of public school personnel

16 NCAC 06C .0101 DEFINITIONS

As used in this Section, the following definitions apply:

(1) "Fiscal year" means a calendar year beginning on July 1 of one year and ending on June 30 of the following year.

(2) "Full-time employee" means a person employed by a local board of education for the number of hours per week that the local board considers full-time for the position in which the person is employed, but no less than 30 hours per week.

(3) "License" means a professional educator license issued by the State Board of Education in accordance with this Subchapter and Chapter 115C, Article 17E of the General Statutes.

(4) "Part-time employee" means a person employed for at least 20 hours per week but fewer than the number of hours per week of a full-time employee in the same position classification.

(5) "Permanent employee" means a person who is employed by a local board of education either:

(a) In a position that the local board intends to be permanent; or

(b) To replace one or more permanent employees who are on a leave of absence or to fill a vacancy until a qualified permanent employee is hired, provided the employee is employed for at least six full consecutive months.

A permanent employee shall not lose permanent status during any period of temporary or interim assignment to another position in the same local school administrative unit, provided the local board of education anticipates returning the employee to a permanent position.

(6) "SACSCOC" means the Southern Association of Colleges and Schools Commission on Colleges.

(7) "State Salary Schedule" means the salary schedule for teachers and other public school personnel administered by the State Board of Education in accordance with G.S. 115C-12(9)a. and 115C-12(16).

(8) "Teacher" is defined in G.S. 115C-270.1(5).

(9) "Temporary employee" means a person who is employed to fill a vacancy and is either:

(a) Working fewer than 20 hours per week; or

(b) Employed for fewer than six full consecutive months.

History Note: Authority G.S. 115C-12; 115C-269.1; 115C-270.1; 115C-284.1;

Filed as a Temporary Amendment Eff. October 10, 1995 for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1986;

Amended Eff. August 1, 1987;

ARRC Objection Lodged February 22, 1990;

Amended Eff. June 1, 1996; July 1, 1995; August 1, 1990;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0102 Qualifications of teachers

Except as otherwise provided by law, any person employed as a teacher in a North Carolina public school shall hold or be qualified to hold a teacher license issued by the State Board of Education in accordance with Section .0300 of this Subchapter. For purposes of this Rule, "teacher" is defined in G.S. 115C-270.1(5).

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-295;

Eff. July 1, 1986;

Amended Eff. August 1, 2000;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0103 STATE BOARD OF EDUCATION ACTION

History Note: Authority G.S. 115C‑284(c); 115C‑296; 115C‑315(d);

Eff. July 1, 1986;

Repealed Eff. August 1, 2000.

16 NCAC 06C .0110 Qualifications of school nurses

(a) Any person employed or contracted to serve as a school nurse in a North Carolina public school shall meet all qualifications established by the State Board of Education ("SBE"). At minimum, the person shall:

(1) Be licensed as a registered nurse under Chapter 90, Article 9A of the General Statutes and have at least two years of experience serving as a nurse in a hospital or health clinic; or

(2) Be certified by the American Nurses Credentialing Center or the National Board for Certification of School Nurses.

A school nurse who meets either of these qualifications shall be paid under the certified school nurse pay scale as established by the SBE.

(b) Any person employed or contracted to serve as a school nurse in a North Carolina public school shall complete all training requirements established by the SBE. At minimum, the person shall:

(1) Within six months of starting employment or a contract with a public school unit ("PSU"), complete the School Nurse Orientation Modules offered by the North Carolina Department of Health and Human Services ("DHHS"); and

(2) Within two years of starting employment or a contract with a PSU, complete the School Nurse Roles and Responsibilities course offered by DHHS.

(c) The person shall provide proof of completion of these training requirements to the employing or contracting PSU by the established deadline. If the person completed these requirements prior to employment or contract with the PSU, the person is not required to repeat those requirements so long as proof of completion is provided to the PSU.

(d) Nothing in this Rule shall be construed to prevent a PSU from requiring additional qualifications or training for a school nurse under its employment or contract.

(e) This Rule applies to school nurses initially hired or contracted for on or after July 1, 2025.

History Note: Authority G.S. 115C-12(9); 115C-315;

Temporary Adoption Eff. November 7, 2025.

SECTION .0200 ‑ TEACHER EDUCATION

16 NCAC 06C .0201 STATE EVALUATION COMMITTEE ON TEACHER EDUCATION

History Note: Authority G.S. 115C‑12(9)a.; 115C-296(b); N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 1992; March 1, 1990;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

section .0200 – professional educator preparation and training

16 NCAC 06C .0202 Definitions

As used in this Section, the following definitions apply:

(1) "Administrator preparation program" or "APP" is defined in G.S. 115C-284.1(a).

(2) "Approved EPP" is defined in G.S. 115C-269.1(1).

(3) "Authorized EPP" is defined in G.S. 115C-269.1(2).

(4) "Beginning teacher" means a professional educator who holds a license other than a Continuing Professional License or a Limited License.

(5) "Clinical educator" is defined in G.S. 115C-269.1(4).

(6) "Clinical intern" or "intern" is defined in G.S. 115C-269.1(5).

(7) "Clinical internship" or "internship" is defined in G.S. 115C-269.1(6).

(8) "Clinical mentor" or "mentor" is defined in G.S. 115C-269.1(7).

(9) "Clinical residency" or "residency" is defined in G.S. 115C-269.1(8).

(10) "Clinical resident" is defined in G.S. 115C-269.1(9).

(11) "Educator preparation program" or "EPP" is defined in G.S. 115C-269.1(10).

(12) "EVAAS" means the Education Value-Added Assessment System.

(13) "Field experience" is defined in G.S. 115C-269.1(11).

(14) "Field supervisor" is defined in G.S. 115C-269.1(12).

(15) "Initially authorized EPP" is defined in G.S. 115C-269.1(13).

(16) "License" means a professional educator license issued by the State Board of Education in accordance with this Subchapter and Chapter 115C, Article 17E of the General Statutes.

(17) "NCEES" means the North Carolina Educator Evaluation System.

(18) "Partner school" is defined in G.S. 115C-269.1(14).

(19) "Recognized EPP" is defined in G.S. 115C-269.1(15).

History Note: Authority G.S. 115C-12(9); 115C-269.1;

Eff. July 1, 1986;

Amended Eff. December 1, 2004; August 1, 2000; July 1, 1993; December 1, 1992; March 1, 1990;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0203 INSTITUTIONAL POLICIES

16 NCAC 06C .0204 TEACHER EDUCATION POLICIES AND PROCEDURES

History Note: Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Repealed Eff. March 1, 1990.

16 NCAC 06C .0205 STATE BOARD REVIEW STANDARDS AND APPROVAL ACTIONS

History Note: Authority G.S. 115C‑12(9)a; 115C-296(b); N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 1992; May 1, 1991; March 1, 1990;

Repealed Eff. August 1, 2000.

16 NCAC 06C .0206 CONSORTIUM-BASED PROGRAMS AND INNOVATIVE/EXPERIMENTAL PROGRAMS

History Note: Authority G.S. 115C‑12(9)a; 115C-296(b); N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. December 1, 1992;

Repealed Eff. August 1, 2000.

16 NCAC 06C .0207 PROSPECTIVE TEACHER SCHOLARSHIP LOANS

History Note: Authority G.S. 115C‑471;

Eff. September 1, 1991;

Amended Eff. August 1, 2000; July 1, 1995;

Repealed Eff. January 1, 2006 (see S.L. 2005-276, s. 9.17).

section .0300 – Licensure

16 NCAC 06C .0301 Definitions

As used in this Section, the following definitions apply:

(1) "Administrator" is defined in G.S. 115C-270.1(1).

(2) "Administrator license" is defined in 115C-270.20(b)(1).

(3) "Administrator preparation program" or "APP" is defined in G.S. 115C-284.1(a).

(4) "Applicant" means a person applying for any of the licensure services listed in 16 NCAC 06C .0371.

(5) "Beginning teacher" is defined in 16 NCAC 06C .0202(4).

(6) "Clear license" means a professional educator license or its equivalent that:

(a) Is in good standing with the licensing authority that issued the license;

(b) Does not require the completion of any additional professional examinations or coursework;

(d) Does not have an investigation relating to unprofessional conduct pending in any jurisdiction relating to the license; and

(e) Has not been voluntarily surrendered while under investigation for unprofessional conduct in any jurisdiction.

(7) "Continuing education unit" or "CEU" means credit earned by a professional educator for the purpose of renewing the educator's license. One CEU shall consist of either:

(a) Two-thirds of a semester credit hour from an institution of higher education; or

(b) Ten clock hours of professional development programming.

(8) "Continuing professional license" or "CPL" means a five-year, renewable license issued to an applicant or professional educator who meets the relevant requirements established by this Section.

(9) "Educator preparation program" or "EPP" is defined in G.S. 115C-269.1(10).

(10) "Emergency license" or "EL" is defined in 115C-270.20(a)(2).

(11) "EVAAS" means the Education Value-Added Assessment System.

(12) "Initial professional license" or "IPL" means a three-year, nonrenewable license issued to an applicant or professional educator who meets the relevant requirements established by this Section.

(13) "Jurisdiction" means any of the following:

(a) A state, territory, or federal district of the United States.

(b) A foreign country or political subdivision thereof.

(14) "License" means a professional educator license issued by the State Board of Education in accordance with this Subchapter and Chapter 115C, Article 17E of the General Statutes.

(15) "License area" means a grade level, content area, or specialization in which a license authorizes the licensee to practice.

(16) "Licensure examination requirements" means the standardized examination requirements adopted by the State Board of Education pursuant to G.S. 115C-270.15 for each license classification.

(17) "Lifetime license" is defined in G.S. 115C-270.20(d).

(18) "Limited license" is defined in G.S. 115C-270.20(a)(4a).

(19) "Out-of-state applicant" means any applicant who completed an educator preparation program or administrator preparation program with a principal place of business outside of North Carolina. This includes international preparation programs.

(20) "Out-of-state exam" means a standardized examination recognized by the licensing authority of a jurisdiction outside North Carolina that is designed to demonstrate an applicant's academic and professional preparation in license area and the passage of which is necessary to be issued a renewable license in that jurisdiction.

(21) "Provisional assistant principal license" is defined in G.S. 115C-270.20(b)(2).

(22) "Renewal cycle" means the five-year period between each renewal of a CPL.

(23) "Residency license" is defined in G.S. 115C-270.20(a)(5).

(24) "State Salary Schedule" means the salary schedule for teachers and other public school personnel administered by the State Board of Education in accordance with G.S. 115C-12(9)a and 115C-12(16).

(25) "Student services personnel" is defined in G.S. 115C-270.1(4).

(26) "Student services personnel license" is defined in G.S. 115C-270.20(b1).

(27) "Teacher" is defined in G.S. 115C-270.1(5).

History Note: Authority G.S. 115C-12(9); 115C-270.1; 115C-270.5; 115C-270.15; 115C-270.20;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Readopted Eff. July 1, 2026.

16 ncac 06c .0302 general licensure requirements

(a) Except as otherwise provided by law, any person employed as a professional educator in a North Carolina public school shall hold or be qualified to hold a professional educator license issued by the State Board of Education in accordance with this Section.

(b) The State Board of Education shall issue the following classifications of professional educator licenses:

(1) Teacher;

(2) Administrator; or

(3) Student Services Personnel.

(1) The grade levels, content areas, and specializations for which the applicant shall be eligible for employment;

(2) The applicant's years of professional experience; and

(3) The applicant's degree level, which shall be based on the highest degree issued to the applicant by an educator preparation program.

(d) For any license that requires the applicant to complete an educator preparation program, the EPP must either be recognized by the State Board of Education or by the equivalent licensing authority in the state, country, or other jurisdiction in which the EPP maintains its principal place of business.

(e) The State Board of Education shall issue a license once the applicant submits a complete license application. An application is considered complete when the applicant has:

(1) Submitted all information, documentation, and credentials required by 16 NCAC 06C .0334, thereby demonstrating qualification for the license;

(2) Paid the relevant application fee, as prescribed by 16 NCAC 06C .0371; and

(3) If applicable, been cleared from any investigation conducted by the Superintendent of Public Instruction pursuant to 16 NCAC 06C .0603.

(f) A complete application for one of the licensure services specified in 16 NCAC 06C .0371, except for license renewal, must be submitted to the SBE by April 15 of a given fiscal year to guarantee processing of the application prior to the end of the fiscal year. If a complete application is submitted after April 15 and the SBE does not approve the application prior to the end of the fiscal year, a PSU employing the applicant shall not use State or federal funds for the purpose of paying the applicant's salary for the fiscal year in which the application was submitted.

(g) Every license shall expire on June 30 of the calendar year in which it is set to expire, unless it is renewed, extended, or converted to another type of license in accordance with this Section.

History Note: Authority G.S. G.S. 115C-12(9); 115C-218.90; 115C-270.5; 115C-270.10; 115C-270.15; 115C-270.20; 115C-270.30; 115C-295;

Eff. July 1, 1986;

Amended Eff. August 1, 2000;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0303 PROGRAM REQUIREMENTS FOR LICENSURE

History Note: Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 ncac 06c .0304 Teacher License

(a) A teacher license shall entitle the licensee to teach in license area(s) indicated on the license.

(b) Except as provided in Paragraph (e) of this Rule below, to qualify for a teacher license, an applicant must have completed an educator preparation program at one of the following levels:

(1) Bachelor's Degree (A – Level)

(2) Master's Degree (M – Level)

(3) Specialist Degree (S – Level)

(4) Doctoral Degree (D – Level)

(c) An applicant is only eligible for a license at the highest degree level at which the applicant completed an EPP; however the applicant may qualify for graduate salary pay under 16 NCAC 06C .0369.

(d) An applicant with a high school diploma (or equivalent) or associate's degree (V-Level) may be issued a teaching license in the following license areas, provided the applicant meets all other requirements for the license classification sought by the applicant, as provided in Paragraph (e) of this Rule:

(1) Career and Technical Education

(2) Junior Reserve Officer Training Corps

(3) Safety and Driver Education

(e) Each teacher license shall be classified as one of the following based on the applicant's qualifications, in accordance with the corresponding rule:

(1) Initial Professional License, as provided in 16 NCAC 06C .0336

(2) Continuing Professional License, as provided in 16 NCAC 06C .0337

(3) Residency License, as provided in 16 NCAC 06C .0338

(4) Limited License, as provided in 16 NCAC 06C .0340

(5) Permit to Teach, as provided in 16 NCAC 06C .0341

(6) Emergency License, as provided in 16 NCAC 06C .0342

(7) International Faculty License, as provided in 16 NCAC 06C .0346

(8) Lifetime License, as provided in 16 NCAC 06C .0349

(9) Provisional License, as provided in 16 NCAC 06C .0308

(f) Each teacher license shall be classified as one or more of the following based on the license area(s) in which it entitles the applicant to teach:

(1) Elementary

(A) Elementary (Kindergarten – Grade 6)

(B) Birth – Kindergarten

(D) Reading (Kindergarten – Grade 6)

(E) Math (Kindergarten – Grade 6) Add-On

(F) Science (Kindergarten – Grade 6) Add-On

(G) Special Education: General Curriculum (Kindergarten – Grade 6)

(H) Special Education: Adapted Curriculum (Kindergarten – Grade 6)

The Pre-School, Math (Kindergarten – Grade 6), and Science (Kindergarten – Grade 6) classifications shall not be issued as standalone licenses but shall only be added to an existing license consistent with 16 NCAC 06C .0307. The Pre-School Add-On shall only be issued to an applicant with an existing license in Elementary Education, Special Education, or Family and Consumer Sciences – General.

(2) Middle Grades (Grade 6 – Grade 9)

(A) Language Arts

(B) Mathematics

(D) Social Studies

(3) Secondary (Grade 9 – Grade 12)

(A) English

(B) Mathematics

(D) Earth Science

(E) Biology

(F) Physics

(G) Chemistry

(H) Social Studies

(I) Political Science

(J) Geography

(K) History

(L) Economics

(M) Sociology

(N) Anthropology

(O) Bible

(P) French

(Q) Spanish

(R) German

(S) Japanese

(T) Russian

(U) Latin

(V) Other World Language

(4) Special Subjects (Kindergarten – Grade 12)

(A) Art

(B) Music

(D) Theater Arts

(E) Health Specialist

(F) Physical Education

(G) Health and Physical Education

(H) Safety and Driver Education

(I) Speech Communication

(J) Reading

(K) Junior Reserve Officer Training Corps

(L) English as a Second Language

(M) American Sign Language

(N) French

(O) Spanish

(P) German

(Q) Japanese

(R) Russian

(S) Arabic

(T) Cherokee

(U) Chinese

(V) Greek (Ancient)

(W) Greek (Modern)

(X) Hebrew

(Y) Hindi

(Z) Italian

(AA) Korean

(BB) Latin

(CC) Portuguese

(DD) Swahili

(EE) Turkish

(5) Exceptional Children (Kindergarten – Grade 12)

(A) Exceptional Children: General Curriculum

(B) Exceptional Children: Adapted Curriculum

(D) Cross Categorical (Mildly/Moderately Disabled)

(E) Severely/Profoundly Disabled

(F) Mentally Disabled

(G) Academically or Intellectually Gifted

(H) Deaf and Hard of Hearing

(I) Visually Impaired

(J) Behaviorally/Emotionally Disabled

(6) Career and Technical Education

(A) Agriculture Education

(B) Aviation Education

(D) Career Development Coordinator

(E) Career Development Facilitator

(F) Computer Science and Information Technology Education

(G) CTE Local Course Option

(H) Curriculum & Instructional Management Coordinator

(I) Family and Consumer Sciences – General

(J) Family and Consumer Sciences – Apparel

(K) Family and Consumer Sciences – Child Development and Family Studies

(L) Family and Consumer Sciences – Food Nutrition and Culinary Arts

(M) Family and Consumer Sciences – Interior Design

(N) Health Sciences Education – Registered Nurse

(O) Health Sciences Education – Non-Registered Nurse

(P) Health Sciences Education – Biotechnology

(Q) Marketing Education

(R) Special Populations Coordinator

(S) Technology, Engineering, and Design Education

(T) Technology, Engineering, and Design Education – Digital Design / Animation and Game Art Design

(U) Trade and Industrial Education – Collision Repair

(V) Trade and Industrial Education – Automotive Services

(W) Trade and Industrial Education – Construction

(X) Trade and Industrial Education – Drafting

(Y) Trade and Industrial Education – Welding

(Z) Trade and Industrial Education – Manufacturing

(AA) Trade and Industrial Education – Digital Media

(BB) Trade and Industrial Education – Public Safety

History Note: Authority G.S. 115C-12(9); 115C-154; 115C-270.5; 115C-270.20;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Temporary Amendment Eff. December 17, 2001;

Amended Eff. January 2, 2006; April 1, 2003;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0305 Administrator license

(a) An administrator license shall entitle the licensee to serve in general and program administrator roles, as provided by this Rule. To qualify for an administrator license, an applicant shall meet the requirements of G.S. 115C-270.20(b)(1) and other applicable requirements provided by this Rule.

(b) Each administrator license shall be classified as one of the following:

(1) Superintendent

(2) Principal

(3) Curriculum Instructional Specialist

(4) Instructional Technology Specialist

(5) Career and Technical Education Director

(6) Exceptional Children Program Administrator

(c) To qualify for a superintendent license, an applicant must complete an administrator preparation program at the specialist or doctoral degree level. A superintendent license shall entitle the licensee to serve as a superintendent, associate superintendent, or assistant superintendent in a local school administrative unit. To serve as the superintendent of a local school administrative unit, a person shall:

(1) Hold a principal license and superintendent license issued by the State Board of Education; or

(2) Hold a bachelor's degree or higher from a regionally accredited institution of higher education and five years of leadership or managerial experience deemed relevant by the local board of education that intends to hire the person. The SBE shall verify that any such person holds these credentials prior to employment by the local board. Employment as a local superintendent pursuant to this Subparagraph shall not entitle a person to a superintendent license for which the person would not otherwise qualify, but the local board may use State funds to pay the person's salary.

(d) To qualify for an Exceptional Children program administrator license, an applicant shall meet one of the following sets of credentials:

(1) Option 1

(A) An M-Level license or higher in an Exceptional Children license area, or an S-Level license or higher in school psychology;

(B) Three credit hours of graduate degree-level coursework each in of the areas of school administration, curriculum development, and supervision; and

(2) Option 2

(A) An M-Level license or higher in school administration or curriculum instruction;

(B) Nine credit hours of coursework in the area Exceptional Children; and

(e) To qualify for any other administrator license, an applicant shall have completed an administrator preparation program at one of the following levels:

(1) Master's Degree (M – Level)

(2) Specialist Degree (S – Level)

(3) Doctoral Degree (D – Level)

For a principal license, the master's degree must be in School Administration, Educational Leadership, or another education-related field.

(f) An applicant is only eligible for a license at the highest degree level at which the applicant completed an EPP or APP; however, the applicant may qualify for graduate salary pay under 16 NCAC 06C .0369.

(g) An applicant for an administrator license must satisfy any applicable licensure examination requirements before or during the third year of licensure, provided that the applicant attempts the examination(s) at least once during the first year of licensure.

(1) If an applicant satisfies the examination requirements prior to initial application for an administrator license, the State Board of Education shall issue the applicant a continuing professional license.

(2) If an applicant does not satisfy the examination requirements prior to initial application for an administrator license but otherwise meets the qualifications for the license, the State Board of Education shall issue the applicant an initial professional license.

(h) Any person employed as an assistant principal in a PSU must hold either a principal license or a provisional assistant principal license issued in accordance with 16 NCAC 06C .0308(g).

(i) In the event a principal position becomes vacant in the middle of a school year, a local board of education may hire a retired principal or retired assistant principal to serve as an interim principal for the remainder of the school year, even if that person's principal license has expired.

History Note: G.S. 115C-12(9); 115C-154; 115C-270.1; 115C-270.5; 115C-270.20; 115C-271; 115C-284; 115C-284.1;

Eff. July 1, 1986;

Amended Eff. January 2, 2006; August 1, 2000; March 1, 1990;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0306 Student services personnel license

(a) A student services personnel license shall entitle the licensee to provide specialized assistance to students, teachers, and administrators.

(b) Each student services personnel license shall be classified as one of the following:

(1) School Counselor

(2) School Social Worker

(3) School Psychologist

(4) Media Coordinator

(c) Except as otherwise provided by this Rule, to qualify for a student services personnel license, an applicant must have completed an educator preparation program at one of the following levels:

(1) Master's Degree (M – Level)

(2) Specialist Degree (S – Level)

(3) Doctoral Degree (D – Level)

(d) An applicant is only eligible for a license at the highest degree level at which the applicant completed an EPP; however, the applicant may qualify for graduate salary pay under 16 NCAC 06C .0369.

(e) A school social worker license shall require preparation at the bachelor's degree level ("A-Level") or higher.

(f) A school psychologist license shall require preparation at the specialist or doctoral degree level. The credential of Nationally Certified School Psychologist ("NCSP") issued by the National Association of School Psychologists shall entitle a holder of that credential to a continuing professional license.

(g) In order to serve as a school audiologist, a person shall hold a doctoral degree in audiology and an audiology license issued by the North Carolina Board of Examiners for Speech and Language Pathologists and Audiologists ("NCBOESLPA"). A person who obtained a master's degree in audiology prior to October 1, 2007, shall be exempt from the doctoral degree requirement provided that the person remains licensed by the NCBOESLPA.

(h) In order to serve as a school speech-language pathologist, a person shall hold a master's or doctoral degree in speech-language pathology and a speech-language pathology license issued by the NCBOESLPA.

(i) An applicant for a student services personnel license must satisfy any applicable licensure examination requirements before or during the third year of licensure, provided that the applicant attempts the examination(s) at least once during the first year of licensure.

(1) If an applicant satisfies the examination requirements prior to initial application for a student services personnel license, the State Board of Education shall issue the applicant a continuing professional license.

(2) If an applicant does not satisfy the examination requirements prior to initial application for a student services personnel license but otherwise meets the qualifications for the license, the State Board of Education shall issue the applicant an initial professional license.

History Note: Authority G.S. 90-294; 90-295; 115C-12(9); 115C-270.5; 115C-270.20;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0307 additional teaching areas

(a) An applicant may request to add a new license area to an existing IPL or CPL. An applicant may only add a license area to an IPL if the applicant has met the licensure examination requirements for the initial license area. To qualify for additional areas on a teaching license, the applicant shall:

(1) Satisfy the applicable licensure examination requirements for that license area; or

(2) Complete 24 credit hours of coursework from an institution of higher education in the license area and obtain a grade of C or better in each course.

(b) For the following license areas, an applicant may only add that license area by satisfying the applicable licensure examination requirements and cannot add that license area through coursework alone:

(1) Elementary Education

(2) Exceptional Children: General Curriculum

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.15; 115C-270.20;

Eff. July 1, 1986;

Amended Eff. January 2, 2006; August 1, 2000; January 2, 1998; July 1, 1994; December 1, 1991;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0308 Provisional license

(a) The governing body of a public school unit that has hired or intends to hire an applicant may request that the State Board of Education issue a provisional license or add-on teaching area to an applicant who satisfies the applicable requirements below and whose work assignment is in the area for which the provisional license is sought. Except where otherwise specified below, a provisional license shall expire after five years unless the provisional licensee satisfies all requirements to transition the provisional license to a full license. Provisional licenses for administrators and student services personnel are limited to those listed below.

(b) Teaching Provisional Add-On

(1) To add a license area under 16 NCAC 06C. 0307 on a provisional basis, an applicant must first hold an IPL or CPL.

(2) To clear a provisional teacher license, the applicant must either:

(A) Satisfy any applicable licensure examination requirements for the provisional license area; or

(B) Complete 24 hours of coursework at an accredited institution of higher education in the provisional license area.

(1) To qualify for a provisional school counselor license, the applicant must have completed a bachelor's degree or higher, be enrolled in a school counselor EPP, and have completed either:

(A) 24 credit hours of coursework in the school counselor EPP; or

(B) A master's degree from an accredited institution of higher education in one of the following counseling areas: addiction; career; clinical mental health; clinical rehabilitation; college counseling and student affairs; marriage, couple, and family; or rehabilitation.

(2) To clear a provisional school counselor license, the applicant must complete a school counselor EPP and satisfy any applicable licensure examination requirements within three years of the effective date of the provisional license.

(d) School Social Worker Provisional License

(1) To qualify for a provisional school social worker license, the applicant must have completed a bachelor's degree, master's degree, specialist degree, or doctoral degree in social work and be enrolled in a school social worker EPP.

(2) To clear a provisional school social worker license, the applicant must complete a school social worker EPP and satisfy any applicable licensure examination requirements.

(e) School Psychologist Provisional License

(1) To qualify for a provisional school psychologist license, the applicant must have completed all requirements of a specialist or doctoral degree except for the thesis or internship.

(2) To clear a provisional school psychologist license, the applicant must complete a school psychologist EPP and satisfy any applicable licensure examination requirements.

(f) Media Coordinator Provisional License

(1) To qualify for a provisional media coordinator license, the applicant must either:

(A) Hold an A-Level teacher license;

(B) Have a bachelor's degree or higher in media; or

(2) To clear a provisional media coordinator license, the applicant must complete a media coordinator EPP and satisfy any applicable licensure examination requirements.

(g) Assistant Principal Provisional License

(1) To qualify for a provisional assistant principal license, the applicant must be employed by a local board of education and meet one of the following criteria:

(A) The local board has determined that there is a shortage of persons who hold or are qualified to hold a principal license, and the applicant enrolls in an administrator preparation program ("APP") by the end of the first year of the provisional license.

(B) The applicant is enrolled in an APP and is participating in an internship required by the APP.

(2) A provisional assistant principal license is valid for one year and may be renewed twice. The applicant must complete the APP and satisfy any applicable licensure examination requirements by the end of the third year of the provisional license.

(3) A provisional assistant principal license shall entitle the licensee to serve only as an assistant principal, not a principal.

(h) Curriculum and Instructional Specialist Provisional License

(1) To qualify for a provisional curriculum and instructional specialist license, the applicant must hold an M-Level teacher license and have at least five years of teaching experience in the content area in which the applicant is serving as a specialist.

(2) To clear a provisional curriculum and instructional specialist license, the applicant must complete a curriculum and instructional specialist EPP and satisfy any applicable licensure examination requirements.

(i) Exceptional Children Program Administrator Provisional License

(1) To qualify for a provisional exceptional children program administrator license, the applicant must hold one of the following:

(A) M-Level teacher license in an Exceptional Children area;

(B) Curriculum and instructional specialist license;

(D) Superintendent license; or

(E) School psychologist license.

(2) To clear a provisional exceptional children program administrator license, the applicant must satisfy the requirements of 16 NCAC 06C .0305(d).

History Note: Authority G.S. 115C-12(9); 115C-154; 115C-270.1; 115C-270.5; 115C-270.20; 115C-284; 115C-284.1;

Eff. July 1, 1986;

Amended Eff. August 1, 2000;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0309 RECIPROCITY IN LICENSURE

History Note: Authority G.S. 115C‑12(9)a; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06C .0310 STANDARD EXAMINATIONS

History Note: Authority G.S. 115C‑12(9)a.; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. February 1, 1995; July 1, 1994; July 1, 1993; May 1, 1991;

Codifier determined that agency findings did not meet criteria for temporary rule;

Temporary Amendment Eff. July 30, 1997;

Repealed Eff. March 5, 1998 pursuant to S.L. 1997-383.

16 NCAC 06C .0311 TEMPORARY PERMIT

History Note: Authority G.S. 115C-12(9)a.; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; March 1, 1990;

Temporary Amendment Eff. June 20, 2001;

Temporary Amendment Expired March 29, 2002;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06C .0312 LICENSE SUSPENSION AND REVOCATION

History Note: Authority G.S. 115C‑12(9)a.; N.C. Constitution, Article IX, s. 5;

Eff. July 1, 1986;

Amended Eff. January 1, 1988;

ARRC Objection Lodged Eff. February 22, 1990;

ARRC Objection Removed Eff. March 15, 1990;

Amended Eff. December 1, 2004; August 1, 2000; October 1, 1993; November 1, 1990; August 1, 1990;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06C .0313 License endorsements

(a) An applicant may request an endorsement to a teacher license if the applicant has passed a minimum of 18 credit hours at an institution of higher education in one of the following content areas:

(1) Psychology.

(2) Journalism.

(3) K-12 Computer Education.

(b) An endorsement may only be added to an IPL or CPL.

History Note: G.S. 115C-12(9); 115C-270. 5; 115C-270.20;

Filed as a Temporary Adoption Eff. October 10, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority 1995 S.L., c. 373, s. 3;

Eff. June 1, 1996;

Amended Eff. August 1, 2000;

Readopted Eff. July 1, 2026.

16 ncac 06c .0314 Initial professional license: Notification of non-compliance and submission of examination requirements

History Note: Authority G.S. 115C-270.15(d); 115C-270.15(e);

Emergency Adoption Eff. July 23, 2019, pursuant to S.L. 2019-71;

Temporary Adoption Eff. October 25, 2019;

Temporary Adoption Expired Eff. August 11, 2020.

16 ncac 06c .0315 Evidence of Teacher Effectiveness to be submitted by Licensed out-of-State Teachers Seeking a Continuing Professional License

History Note: Authority G.S. 115C-270.25;

Emergency Adoption Eff. July 23, 2019, pursuant to S.L. 2019-71;

Temporary Adoption Eff. October 25, 2019;

Temporary Adoption Expired Eff. August 11, 2020.

16 NCAC 06C .0316 GENERAL LICENSURE REQUIREMENTS

History Note: Authority G.S. 115C-270.5; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. March 17, 2021.

16 NCAC 06C .0317 ROUTE TO LICENSURE

History Note: Authority G.S. 115C-270.20; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06C .0318 LICENSING TESTING REQUIREMENTS

History Note: Authority G.S. 115C-270.15; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06C .0319 Licensure Renewal Requirements

History Note: Authority G.S. 115C-270.30; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. March 17, 2021.

16 NCAC 06C .0320 Experience/Degree Credit for Salary Purposes

History Note: Authority G.S. 115C-302.1; 115C-302.3; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. March 17, 2021.

16 NCAC 06C .0321 Licensure Suspension and Revocation

History Note: Authority G.S. 115C-270.35; 115C-19(9); N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. October 1, 2020.

16 NCAC 06C .0322 Licensure Fees

History Note: Authority G.S. 115C-270.10; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. Pending Consultation pursuant to G.S. 12-3.1;

Emergency Adoption Expired Eff. October 1, 2020.

16 NCAC 06C .0323 Procedure for Seeking Exception from Licensure Requirements

History Note: Authority G.S. 115C-270.5; 115C-270.20; 115C-270-15; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Expired Eff. March 17, 2021.

16 NCAC 06C .0324 Conversion of Initial Professional License to Continuing Professional License

History Note: Authority G.S. 115C-270.20; 115C-270.5; 115C-270.15; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06C .0325 Educator Preparation Program (EPP) Recognition and Approval

History Note: Authority G.S. 115C-12(9); 115C-268.5, N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06C .0326 Sanctions for Educator Preparation Programs (EPPs)

History Note: Authority G.S. 115C-12(9); 115C-268.5; 115C-269.45; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06C .0327 Minimum Admissions Requirements and Exceptions for Educator Preparation Programs (EPP) Leading to Initial Licensure

History Note: Authority G.S. 115C-12(9); 115C-268.5; 115C-269.15; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. October 1, 2020.

16 NCAC 06C .0328 Reports of Alleged Violations Regarding Educator Preparation Programs (EPPs)

History Note: Authority G.S. 115C-12(9); 115C-268.5; 115C-269.55; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. October 1, 2020.

16 NCAC 06C .0329 Educator Preparation Program (EPP) Accountability Requirements & Risk Factors

History Note: Authority G.S. 115C-12(9); 115C-268.5; 115C-269.40; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06C .0330 Teacher Assistants and Internships

History Note: Authority G.S. 115C-12(9); 115C-268.5; 115C-269.25; 115C-269.30;

N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06C .0331 School Administrator Preparation Programs

History Note: Authority G.S. 115C-12(9); 115C-284(c); 115C-284.1; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. October 1, 2020.

16 NCAC 06C .0332 BEGINNING TEACHER SUPPORT

History Note: Authority G.S. 115C-12(9); 115C-300.1; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. March 17, 2021.

16 ncac 06c .0333 Clinical Practice in Educator Preparation Programs (EPPs)

History Note: Authority G.S. 115C-269.1; 115C-269.5; 115C-269.10; 115C-269.15; 115C-269.25; 115C-269.30; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06C .0334 License application

(a) Any applicant for a professional educator license shall complete an application that includes the following information and credentials for the applicant:

(1) Full Legal Name.

(2) United States Social Security Number.

(3) Date of Birth.

(4) Physical Mailing Address.

(5) Telephone Number.

(6) Personal Email Address.

(7) Educational credentials, including:

(A) Official transcripts for any degree obtained from an IHE or EPP; and

(B) Documentation, signed by an official authorized by the EPP to provide such information, verifying that the applicant has completed an EPP for the classification of license sought by the applicant.

(8) A statement and supporting documentation disclosing the following information:

(A) Any prior suspension or revocation of a professional certificate or license issued by an occupational licensing board in North Carolina or any other state; and

(B) Any criminal history not previously expunged in accordance with Chapter 15A, Article 5 of the General Statutes, including pending or dismissed charges; deferred prosecution agreements or similar prosecutorial agreements, the terms of which have not yet been fulfilled by the applicant; and convictions, as defined in 16 NCAC 06C .0601(2).

(9) Proof of any current and valid educator license or certificate issued by another state, if applicable.

(10) Proof of certification by the National Board for Professional Teaching Standards, if applicable.

(11) If the applicant is seeking experience credit for prior work experience, documentation that the applicant meets the applicable requirements in 16 NCAC 06C .0364, .0365, .0366, .0367, or .0368.

(12) Documentation of performance on any applicable licensure examination requirements.

(b) The applicant shall pay the applicable application fee as defined in 16 NCAC 06C .0371.

History Note: Authority G.S. 115C-12; 115C-270.5; 115C-270.20;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06c .0335 North Carolina Educator License for Area of Assignment

An individual employed as an educator in a North Carolina public school shall hold an educator's license in the licensure area of his or her assignment.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20; 115C-295;

Eff. October 1, 2020.

16 NCAC 06C .0336 Initial professional license

(a) To qualify for an initial professional educator license, an applicant must either:

(1) Have completed a recognized EPP in North Carolina and be recommended by the EPP for the requested license;

(2) Have completed an EPP based outside of North Carolina; or

(3) Hold a clear license or its equivalent issued by a jurisdiction outside of North Carolina and have fewer than three years of licensed teaching experience in that jurisdiction.

(b) The governing body of a public school unit may request an IPL for an applicant under its employment if the applicant has completed all academic requirements, field experience, clinical experience, and other requirements for a recognized EPP in North Carolina but has not satisfied the applicable licensure examination requirements. Under these circumstances, the recommendation of the EPP is not required.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20; 115C-295;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06C .0337 Continuing professional license

(a) To qualify for a continuing professional teacher license, an applicant must:

(1) Hold an initial professional educator license or residency license in North Carolina;

(2) Satisfy the applicable licensure examination requirements before or during the third year of licensure, provided that the applicant must attempt the examinations at least once during the first year of licensure if the applicant did not satisfy the examination requirements before receiving an IPL;

(3) Have a least three years of licensed teaching experience; and

(4) Have completed a Beginning Teacher Support Program, as provided in 16 NCAC 06C .0381, unless the applicant either:

(A) Has at least three years of licensed teaching experience outside of North Carolina; or

(B) Previously held a CPL that reverted to an IPL in accordance with 16 NCAC 06C .0360(c).

(b) To qualify for a continuing professional administrator or student services personnel license, an applicant must:

(1) Satisfy the applicable licensure examination requirements before or during the third year of licensure, provided that the applicant must attempt the examinations at least once during the first year of licensure if the applicant did not satisfy the examination requirements before receiving an IPL; and

(2) Meet other requirements for the license provided by Rule .0305 or .0306 of this Section.

(c) To qualify for a CPL based on possession of a clear license in another jurisdiction, an applicant must meet the requirements of 16 NCAC 06C .0344(c).

(d) A CPL shall entitle the licensee to practice as an independent professional educator in North Carolina.

(e) A CPL shall remain in effect for five years after the licensee retires from full-time employment as a professional educator.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.15; 115C-270.20; 115C-295;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06C .0338 Residency license

(a) The governing body of a public school unit or an eligible nonpublic school may request a residency license for an applicant under its employment if the applicant meets the requirements of G.S. 115C-270.20(a)(5) and has either:

(1) Completed at least 24 hours of coursework in the content area for which the license is sought; or

(2) Passed the applicable licensure examination requirements for that content area.

For purposes of this Rule, an "eligible nonpublic school" is defined in G.S. 115C-270.20(a)(5)a.2.

(b) A person who holds or previously held a residency license shall not be eligible for a permit to teach or an emergency license.

(c) A person who previously held a lateral entry license issued by the SBE under G.S. 115C-297 (repealed by S.L. 2017-189) but did not convert that license to a CPL prior to its expiration shall qualify for a residency license in the same license area if the person:

(1) Meets the requirements of G.S. 115C-270.20(a)(5); and

(2) Has passed the applicable licensure examination requirements for that content area.

(d) To renew a residency license, the PSU governing body or eligible nonpublic school employing the applicant shall provide documentation to the SBE that the applicant:

(1) Is enrolled in a recognized educator preparation program;

(2) Is employed as a teacher in the public school unit or eligible nonpublic school;

(3) Acquired at least six months of teaching experience during the preceding school year; and

(4) Completed 10 days of professional development, as described in Rule .0339 of this Section, in the first year of the residency license.

(e) If an applicant fails to renew a residency license for the second or third year, the residency license shall expire. A PSU governing body or eligible nonpublic school that hires the applicant within three years of the effective date of the initial residency license may request that the SBE reinstate the license, provided that the license has not already been renewed twice and the PSU or eligible nonpublic school employing the applicant provides documentation that the applicant is employed by the PSU governing body or eligible nonpublic school employing and enrolled in a recognized educator preparation program.

(f) To convert a residency license to an IPL or a CPL, the applicant shall:

(1) Meet the requirements for an IPL in Rule .0336 or a CPL in Rule .0337 of this Section; and

(2) Be recommended by the EPP that prepared the licensee.

If the applicant satisfies the above requirements by June 30 of the third year of the residency license, the IPL or CPL shall be effective July 1 of the next fiscal year. If the applicant fails to satisfy the requirements by this date, the residency license shall expire and the IPL or CPL shall be effective on the date the applicant satisfies the requirements.

(g) The governing body of a public school unit or eligible nonpublic school employing the applicant may request a residency license in an additional license area for an applicant under its employment if the applicant holds a clear license in another license area, provided that the applicant meets the requirements of G.S. 115C-270.20(a)(5) for each of the requested areas.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.10; 115C-270.15; 115C-270.20; 115C-270.25; 115C-295;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06C .0339 residency license Professional development requirements

(a) A public school unit that employs a teacher holding a residency license shall, within the teacher's first year on the license, provide the teacher with at least three hours of field experience before the teacher begins teaching in the classroom and at least 10 hours of field experience over the course of the year. The field experience requirement can be fulfilled while the teacher holds a permit to teach or an emergency license in advance of the first year of the residency license.

(b) For purposes of this rule, "field experience" means opportunities to observe, practice, and demonstrate knowledge and skills in a classroom setting in the presence of students. Field experience may include experience prior to clinical residency, as defined in G.S. 115C-269.1(8).

(c) The PSU shall provide the teacher with 10 days of professional development, within the teacher's first year on the license, that includes training on the following topics:

(1) The mission statement, policies, and procedures of the PSU.

(2) The mission and policies of the State Board of Education.

(3) Services and professional development opportunities available to the teacher.

(4) The process for obtaining a CPL.

(5) The guidelines for optimal working conditions for all beginning teachers developed by the State Board of Education in accordance with G.S. 115C-300.1(b).

(6) EVAAS.

(7) The North Carolina Standard Course of Study, including end-of-grade and end-of-course testing requirements.

(8) The PSU curriculum.

(9) Lesson planning.

(10) Classroom structure and organization designed to maximize student learning.

(11) Classroom management, including:

(A) Positive management of student behavior;

(B) Effective communication for defusing and de-escalating disruptive or dangerous behavior; and

(12) Identification and education of children with disabilities.

(d) The PSU may, in the alternative, satisfy the professional development requirements of Paragraph (c) by requiring the teacher to complete the following:

(1) The North Carolina Effective Teacher Training;

(2) Training on evidence-based practices as defined in 20 U.S.C. 7801(21)(A);

(3) Training on the Whole School, Whole Community, Whole Child Framework promulgated by the United States Centers for Disease Control and Prevention;

(4) Training on positive management of student behavior and effective communication techniques for defusing and de-escalating disruptive and dangerous behavior; and

(5) Enrollment in any other training for classroom teachers required by the General Statutes or State Board of Education rules, such as the Science of Reading.

For teachers holding a residency license, emergency license, or permit to teach, the PSU shall provide at least eight hours of training in Subparagraphs (d)(2) through (d)(5) of this Rule before the teacher begins teaching in the classroom.

(e) The PSU may provide all 10 days of professional development pursuant to Paragraphs (c) or (d) of this Rule during the preservice period before the teacher begins teaching in the classroom or may provide five days of professional development during the preservice period with the remaining five days taking place throughout the teacher's first year on the residency license.

History Note: Authority G.S. 115C-12(9); 115C-268.5; 115C-270.5; 115C-270.20; 115C-300.1;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06C .0340 Limited License

(a) The governing body of a public school unit may request a limited license for an applicant under its employment if the applicant meets the requirements of G.S. 115C-270.20(a)(4a). A limited license may only be issued for teaching license areas, not for administrator or student services personnel license areas.

(b) A person who previously held a lateral entry license issued by the SBE under G.S. 115C-297 (repealed by S.L. 2017-189) and satisfies all the requirements for an IPL or a CPL except that the person has not passed the licensure examination requirements for that license area shall qualify for a limited license if:

(1) The person is currently employed by the PSU governing body; and

(2) The PSU governing body submits to the SBE an affidavit, signed by the local superintendent (or equivalent chief executive officer) and the principal of the applicant's school, stating that the person is currently employed by the PSU governing body, the applicant is an effective teacher, and the PSU governing body will encourage the applicant to pursue and IPL or CPL.

(c) To renew a limited license, the PSU governing body employing the licensee shall submit to the SBE an affidavit, signed by the licensee's supervising principal and the local superintendent (or equivalent chief executive officer), attesting to the following:

(1) The licensee is currently employed by the PSU governing body.

(2) The licensee is an effective teacher.

(3) The PSU will encourage the licensee to pursue a CPL.

(d) To renew a limited license, the licensee shall demonstrate that the licensee meets or exceeds expected growth, as measured by EVAAS, based on such data that is available at the time application. If a licensee has more than one year of growth data, the SBE shall take the average of growth data to determine whether the licensee met or exceeded expected growth. Data shall be limited to the years since the limited license was first issued or its most recent prior renewal. The SBE shall not consider EVAAS data from the 2019-2020 or 2020-2021 school year when considering a request to renew a limited license.

(e) Except for military servicemembers and spouses covered by 16 NCAC 06C .0350, a person holding a limited license may not transfer that limited license from one PSU to another.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.15; 115C-270.20; 115C-30;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021;

Amended Eff. July 1, 2026.

16 NCAC 06C .0341 permit to teach

(a) The governing body of a public school unit may request a permit to teach for an applicant under its employment if the applicant:

(1) Holds at least a bachelor's degree; and

(2) Has never been issued any other North Carolina professional educator license.

(b) A permit to teach shall be valid until June 30 of the fiscal year for which it was requested. A permit to teach cannot be extended or renewed.

(c) For the purpose of certification for pay on the State Salary Schedule, a permit to teach shall be issued at the same level as that of a person who holds a bachelor's degree (A-Level) teacher license with zero years of experience, regardless of the applicant's education level or prior work experience.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021;

Amended Eff. July 1, 2026.

16 NCAC 06C .0342 emergency license

(a) The governing body of a public school unit may request an emergency license for an applicant under its employment if the applicant:

(1) Holds at least a bachelor's degree that includes at least 18 credit hours of coursework relevant to the licensure area for which the applicant has been hired to teach;

(2) Has not completed a recognized educator preparation program in that licensure area; and

(3) Does not qualify for a residency license.

(b) A person who holds or previously held a residency license shall not be eligible for an emergency license in the same license area.

(c) An emergency license shall be valid until June 30 of the fiscal year for which it was requested. An Emergency License cannot be extended or renewed.

(d) For the purpose of certification for pay on the State Salary Schedule, an emergency license shall be issued at the same level as that of a person who holds a bachelor's degree (A-Level) teacher license, but the applicant may qualify for graduate degree pay under 16 NCAC 06C .0369 or experience credit under 16 NCAC 06C .0364–.0367.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06C .0343 RESERVED FOR FUTURE CODIFICATION

16 NCAC 06C .0344 Out-of-state applicants

(a) An out-of-state applicant with fewer than three years of licensed professional educator experience may qualify for an initial professional license. To qualify for an IPL, the applicant must either:

(1) Hold a license in the corresponding license areas in a jurisdiction outside of North Carolina; or

(2) Have completed an educator preparation program recognized by the jurisdiction in which the EPP has its principal place of business.

(b) An out-of-state applicant who qualifies for an IPL in either Elementary Education or Special Education: General Curriculum must satisfy the applicable North Carolina licensure examination requirements by the end of the third year of licensure, regardless of whether the applicant passed an out-of-state exam in those areas. An out-of-state applicant who qualifies for an IPL in any other license area must either:

(1) Achieve a passing score on an out-of-state exam for that license area in the examining jurisdiction; or

(2) Satisfy the applicable North Carolina licensure examination requirements before or during the third year of licensure, provided that the applicant attempted the examinations at least once during the first year of licensure.

(c) An out-of-state applicant with more than three years of licensed professional educator experience may qualify for a continuing professional license. To qualify for an CPL, the applicant must meet both of the following criteria:

(1) The applicant holds a clear license issued under the licensing authority of a jurisdiction other than North Carolina. For purposes of this Rule, a "clear license" means a professional educator license or its equivalent that:

(A) Is in good standing with the licensing authority that issued the license;

(B) Is renewable by the licensing authority that issued the license;

(D) Does not have an investigation relating to unprofessional conduct pending in any state relating to the license; and

(E) Has not been voluntarily surrendered while under investigation for unprofessional conduct in any state.

(2) The applicant holds a certification from the National Board for Professional Teaching Standards or the licensure requirements of the other jurisdiction are substantially similar to those in North Carolina. For purposes of this Rule, "substantially similar" means that the other jurisdiction required the applicant to, at minimum:

(A) Complete an educator preparation program recognized by the state in which the EPP is located; and

(B) Achieve a passing score on an out-of-state exam in the other jurisdiction. The applicant must achieve a passing score on the applicable exam for each license area which licensure is sought under 16 NCAC 06C .0304(c).

(d) To meet the qualifications for either an IPL or CPL based on achieving a passing score on an out-of-state exam, the applicant must present evidence of the exam results at the time of initial application for a license in North Carolina.

(e) An out-of-state applicant who qualifies for a teacher license under either Paragraph (a) or (c) may request to add an additional teaching license area to that license based solely on achieving a passing score on an out-of-state exam in that license area in the other jurisdiction, provided the applicant submits evidence of the exam results at the time of initial application for a North Carolina license. If the out-of-state applicant seeks to add an additional teaching license area after being issued a North Carolina license, the applicant must follow the requirements of 16 NCAC 06C .0307.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20; 115C-270.25;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021;

Amended Eff. July 1, 2026.

16 NCAC 06C .0345 RESERVED FOR FUTURE CODIFICATION

16 NCAC 06C .0346 international faculty license

(a) A foreign national who does not meet the requirements for any other license issued by the State Board of Education may qualify for an international faculty license. To qualify for an international faculty license, an applicant must:

(1) Hold a J-1 cultural exchange visa issued by the United States Department of State; and

(2) Be supported by a sponsor, as defined in 22 C.F.R. 62.2, that has been approved by the SBE in accordance with G.S. 115C-105.25(5a).

(b) An international faculty license shall only be issued at the request of the applicant's sponsor.

(c) An international faculty license cannot be renewed but may be extended for two years at the request of the applicant's sponsor and the governing body of a public school unit employing the licensee, provided the applicant continues to hold an active J-1 visa issued by the United States Department of State.

(d) For the purpose of certification for pay on the State Salary Schedule, an international faculty license shall be issued at the same level as that of person who holds a bachelor's degree (A-Level) teacher license with zero years of experience, regardless of the applicant's education level or prior work experience. The licensee may accumulate years of teaching experience in a PSU on an international faculty license for purposes of the State Salary Schedule.

(e) An international faculty license cannot be converted to any other type of license until the international faculty license has expired.

History Note: Authority G.S. 115C-12(9); 115C-105.25; 115C-270.5; 115C-270.20; 22 C.F.R. 62.2; 22 C.F.R. 62.24;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021;

Amended Eff. July 1, 2026.

16 NCAC 06C .0347 RESERVED FOR FUTURE CODIFICATION

16 NCAC 06C .0348 RESERVED FOR FUTURE CODIFICATION

16 NCAC 06C .0349 Lifetime License

(a) An applicant may request that the State Board of Education convert a continuing professional license to a lifetime license if the applicant holds a current CPL and has either:

(1) 30 or more years of creditable service with the North Carolina Teachers' and State Employees' Retirement System; or

(2) 30 or more years of combined experience as a licensed teacher, administrator, or student services personnel employed in one or more North Carolina PSUs.

(b) An applicant for a lifetime license is not required to complete continuing education credits for the renewal period immediately preceding the date upon which the SBE converts the CPL to a lifetime license, provided the applicant meets all other qualifications for the lifetime license. Nothing in this Paragraph shall be construed to prohibit a PSU from requiring the holder of a lifetime license to complete continuing education or other professional development activities as a condition of employment.

(c) A lifetime license shall remain effective for the duration of the licensee's natural life unless the license is suspended or revoked in accordance with Section .0600 of this Subchapter.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.15; 115C-270.20;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06C .0350 Special license provisions for ACTIVE-DUTY servicemembers and spouses

(a) For purposes of this Rule, the following definitions apply:

(1) "Active duty" is defined in 10 U.S.C. 101(d)(1).

(2) "Armed forces" is defined in 10 U.S.C. 101(a)(4).

(3) "Covered license" means a professional educator license or its equivalent that:

(A) Is in good standing with the licensing authority that issued the license;

(B) Has not been revoked or had discipline imposed by any jurisdiction;

(C) Does not have an investigation relating to unprofessional conduct pending in any jurisdiction relating to the license; and

(D) Has not been voluntarily surrendered while under investigation for unprofessional Conduct in any jurisdiction.

(4) "Military orders" is defined in 50 U.S.C. 3955(i)(1).

(5) "Military service" is defined in 50 U.S.C. 3911(2).

(6) "Servicemember" is defined in 50 U.S.C. 3911(1).

(b) The provisions of 10 U.S.C. 101 and Chapter 50 of Title 50 of the United States Code are incorporated by reference throughout this Rule, including subsequent amendments and editions thereof. A copy of these statutes is available at no cost from https://www.govinfo.gov/app/details/USCODE-2024-title10/USCODE-2024-title10-subtitleA-partI-chap1-sec101 and https://www.govinfo.gov/app/details/USCODE-2015-title50/USCODE-2015-title50-chap50.

(c) To be employed by a public school unit in any position requiring a license issued by the State Board of Education and be certified for pay on the State Salary Schedule, an active duty servicemember whose assigned duty station is in North Carolina, or the spouse of the servicemember, must either:

(1) Qualify and apply for a North Carolina license in accordance with this Section; or

(2) Obtain recognition of a covered license in accordance with the Veteran Auto and Education Improvement Act of 2022, Pub. L. No. 117-332, 136 Stat. 6119.

(d) If a servicemember or the spouse of a servicemember holds a covered license in another jurisdiction and relocates to North Carolina because the servicemember receives military orders for military service in North Carolina, the covered license shall be recognized in North Carolina for the license areas covered by the license. To obtain recognition, the servicemember or spouse shall submit an application that includes:

(1) Proof of the relevant military orders.

(2) If the applicant is the spouse of a servicemember, a copy of the marriage certificate.

(3) A notarized affidavit affirming, under penalty of law, that:

(A) The applicant is the person described and identified in the application;

(B) All statements made in the application are true and correct and complete;

(C) The applicant has read and understands the requirements to receive a professional educator license in North Carolina and the license areas in which they are entitled to practice under this Rule;

(D) The applicant certifies that the applicant meets and shall comply with the requirements in Part (d)(3)(C) of this Rule; and

(E) The applicant is in good standing in all States in which the applicant holds or has held a license.

(e) The State Board of Education shall continue to recognize the out-of-state license until the expiration of the military orders or June 30 of the fiscal year in which the orders expire, whichever is later. To continue working as a licensed professional educator after such date, the servicemember or spouse must qualify and apply for a North Carolina professional educator license under this Section.

(f) Notwithstanding any other rule to the contrary, if a servicemember or the spouse of a servicemember submits out-of-state exam scores as part of an application for a North Carolina license, those scores need not be from the same jurisdiction in which the applicant completed an EPP or APP.

(g) If a servicemember is called to active duty or issued military orders to relocate to a jurisdiction outside of North Carolina during a time that the servicemember or the spouse of the servicemember is pursuing a residency license under 16 NCAC 06C .0338, the three-year timeframe for completing an EPP and fulfilling other requirements to obtain an IPL or CPL shall be held in abeyance until the servicemember returns to North Carolina and the servicemember or spouse returns to employment in a North Carolina public school.

(h) Notwithstanding G.S. 115C-270.20(4a), if a servicemember or the spouse of a servicemember who holds a limited license and is employed by a local board of education relocates to another part of North Carolina pursuant to military orders and obtains employment with a different local board of education, the limited license shall remain valid for the new employment assignment.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20; 10 U.S.C. 101; 50 U.S.C. 3911; 50 U.S.C. 3955; 50 U.S.C. 4025a;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06C .0351 Testing Requirements to Convert an Expired License

If a license expires due to failure to pass the licensure exams required by the SBE for the license area, an individual may still convert to a CPL once he or she has passed the licensure exam(s), provided that all requirements as referenced in Rule .0339 of this Section are met.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20;

Eff. October 1, 2020.

16 NCAC 06C .0352 Testing Requirements to Convert a Lateral Entry License

If a current Lateral Entry License expires due to the holder's failure to pass a State Board of Education required licensure exam, an individual may still convert the license until June 30, 2022 once testing requirements are met, and upon recommendation by a state-approved Educator Preparation Program or the Regional Assistance Licensing Center (RALC).

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20;

Eff. October 1, 2020.

16 NCAC 06C .0353 Deadline for Licensure Testing Requirements

The deadline for an individual to complete State Board of Education licensure testing requirements is June 30 of the third year of the license.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20;

Eff. October 1, 2020.

16 NCAC 06C .0354 EVIDENCE OF TEACHER EFFECTIVENESS FOR AN OUT-OF-STATE APPLICANT SEEKING A CONTINUING PROFESSIONAL LICENSE

16 NCAC 06C .0355 Licensure Testing Requirements for Out-of-State Applicants With Fewer Than Three Years of Teaching Experience

16 NCAC 06C .0357 REQUIREMENTS TO BE ISSUED AN INTERNATIONAL FACULTY LICENSE

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20; 115C-270.25;

Eff. October 1, 2020;

Repealed Eff. July 1, 2026.

16 NCAC 06C .0356 RESERVED FOR FUTURE CODIFICATION

16 NCAC 06C .0357 REQUIREMENTS TO BE ISSUED AN INTERNATIONAL FACULTY LICENSE

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20; 115C-270.25;

Eff. October 1, 2020;

Repealed Eff. July 1, 2026.

16 NCAC 06C .0358 Restrictions to be Issued an Alternative License

Once an individual holds a Residency License the individual may not hold a Permit to Teach or Emergency License.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20;

Eff. October 1, 2020.

16 NCAC 06C .0359 Restrictions for an Emergency License

(a) The issuance of an Emergency License pursuant to G.S. 115C-270.20(a)(2) to an individual shall not guarantee that the license holder will qualify for any other type of licensure.

(b) The Emergency License shall be issued only at the A-level but may qualify for experience credit as referenced in Rules .0364 and .0365 of this Section.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20;

Eff. October 1, 2020.

16 NCAC 06C .0360 license renewal for teachers

(a) Each teacher holding a CPL must renew that license every five years.

(1) Teachers in Pre-Kindergarten through Grade 5 must complete eight CEUs during each renewal cycle consisting of the following:

(A) Three CEUs in the teacher's license area, consistent with 16 NCAC 06C .0385(3) and (4).

(B) Three CEUs related to literacy, as described in G.S. 115C-270.30(b)(2).

(2) Teachers in Grades 6 through 12 must complete eight CEUs during each renewal cycle consisting of the following:

(A) Four CEUs in the teacher's license area, consistent with 16 NCAC 06C .0385(3) and (4).

(B) Four general CEUs that are germane to the K-12 educational environment.

(b) Each teacher shall maintain a professional development plan and participate in professional development activities aligned with the North Carolina Professional Teaching Standards, codified at 16 NCAC 06C .0385. Teachers employed by a local board of education must have evidence of a rating of at least "proficient" on the teacher's most recent annual evaluation in NCEES to renew a CPL. For purposes of this Rule, "proficient" shall be defined as achieving a rating of "Proficient" or higher on three of the five North Carolina Professional Teaching Standards as measured by the teacher's annual evaluation, including a rating of "Proficient" on Standard 4.

(c) Notwithstanding Paragraph (b) of this Rule, if a teacher employed by a local board of education possesses a current CPL, is in the final year of a renewal cycle, and was not deemed proficient on the teacher's most recent annual evaluation, the local school administrative unit ("LSAU") may place the teacher on a mandatory improvement plan in accordance with G.S. 115C-333.1(b) so that the teacher can renew the teacher's license.

(1) If the LSAU places the teacher on a mandatory improvement plan and the teacher otherwise meets the requirements for licensure, the State Board of Education shall issue the teacher an IPL.

(2) The term of the mandatory improvement plan shall be 90 instructional days for teachers in schools that are identified as low performing under G.S. 115C-105.37 and 60 instructional days for teachers in all other schools.

(3) At the conclusion of the three-year term of the IPL, the teacher may apply for a CPL if the teacher meets the requirements of this Rule, including completion of the required CEUs. The LSAU may require additional continuing education of the teacher in accordance with the deficiencies demonstrated on the teacher's annual evaluation.

(4) If a teacher meets the criteria in Paragraph (a) of this Rule but is not placed on a mandatory improvement plan by the employing LSAU, the teacher's license shall expire at the end of the renewal cycle. A teacher whose license expires under these circumstances shall be eligible to apply for an IPL 30 days after receipt of notice of expiration from the State Board of Education.

(5) The reversion of a teacher's license from a CPL to an IPL shall not be construed as a demotion in rank or result in a reduction of the teacher's salary.

(d) A member of the General Assembly shall be exempt from the continuing education requirements provided by this rule during any renewal cycle in which the member serves a term or some portion thereof in the General Assembly, so long as the member notifies the Department of Public Instruction of the exemption during that renewal cycle.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20; 115C-270.30; 115C-333.1;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 NCAC 06C .0361 license renewal for Student services personnel

(a) Each person holding a student services personnel license must renew that license every five years.

(b) Student services personnel must complete eight CEUs during each renewal cycle consisting of the following:

(1) Four CEUs that align with the North Carolina standards for the relevant professional discipline.

(2) Four general CEUs that are germane to the K-12 educational environment.

(c) A person serving as a school audiologist or school speech-language pathologist shall be exempt from the continuing education requirements of Paragraph (b) of this Rule so long as the licensee continues to satisfy the requirements of 16 NCAC 06C .0306(g) or 06C .0306(h), respectively.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20; 115C-270.30; 115C-333; 115C-333.1;

Eff. October 1, 2020;

Amended Eff. July 1, 2026.

16 ncac 06C .0362 License renewal for adminiStrators

(a) Each person holding an administrator license must renew that license every five years.

(b) Administrators must complete eight CEUs during each renewal cycle consisting of the following:

(1) Four CEUs focused on the administrator's leadership role in instruction, human resources, and management.

(2) Four general CEUs that are germane to the K-12 educational environment.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20; 115C-270.30; 115C-284;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021;

Amended Eff. July 1, 2026.

16 NCAC 06C .0363 General license renewal requirements

(a) A professional educator may receive CEUs through any of the following means:

(1) College or university credit.

(2) Professional development programs.

(3) A teacher who receives certification from the National Board for Professional Teaching Standards ("National Board Certification") shall receive credit for all eight CEUs for the renewal cycle in which the teacher receives the certification. A teacher who renews a National Board Certification shall receive credit for two CEUs for the renewal cycle in which the teacher renews the certification.

(b) The governing body of a public school unit may request that the State Board of Education validate an expired CPL issued to an applicant under the employment of the PSU governing body, even if the educator does not have the requisite CEUs, provided that the educator was not employed by any PSU during the preceding fiscal year. A validated CPL shall be effective for three years, and the educator must complete the relevant renewal requirements in this Section by the end of the third year to renew the CPL for a new five-year renewal cycle.

(c) Hours spent attending mandatory training programs shall contribute toward the calculation of continuing education credits for a professional educator if:

(1) The mandatory training program is required by State law or by a local board of education as a condition of employment; and

(2) The professional educator has otherwise met the renewal requirements for the type of license being renewed in accordance with Rules .0360, .0361, or .0362 of this Section.

(d) Each PSU shall adopt policies and procedures for ensuring that the activities completed for renewal credit by licensed professional educators in its employment meet the criteria set forth in this Section and are appropriate for each individual educator. In determining the appropriateness of the activity, the PSU shall consider the following:

(1) Direct relationship between the activity and the educator's work responsibilities;

(2) Any school improvement plan in effect for the educator's assigned school, if applicable; and

(3) Strategic priorities of the State Board of Education.

(e) Nothing in this Section shall preclude a PSU or its governing body from establishing additional continuing education requirements for its employees based on local needs and in accordance with local policies, rules, and regulations.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.20; 115C-270.30;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021;

Amended Eff. July 1, 2026.

16 NCAC 06C .0364 Experience Credit for Salary Purposes

(a) For the purposes of establishing teaching experience credit requirements as a North Carolina educator to meet G.S. 115C-302.1, an educator must work for at least 15 hours per week in order for the experience to be considered for receiving teaching experience on an educator license in a local education agency (LEA) on a prorated basis.

(b) An educator in an LEA or college may combine full-time experience of less than six calendar months in one fiscal year with another fiscal year of part-time or full-time experience to equal one year of experience credit to receive teaching experience.

(c) An educator may receive teaching experience on their license for college teaching based on the number of clock hours spent in the classroom teaching per week. Six class hours per week shall be considered half-time teaching and twelve class hours per week shall be considered full-time teaching.

(d) With a recommendation from the employing LEA, an educator may establish non-teaching experience working as a tutor, clerical paraprofessional, or substitute teacher.

(e) For purposes of this Rule, "full-time" means 30 hours of work per week and "part-time" means at least 15 hours of work per week.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20; 115C-302.1;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06C .0365 Non-Teaching Work Experience Credit Requirements for North Carolina Educators

(a) An educator may receive credit for non-teaching work experience when it is determined to be relevant and directly related to the educator's work assignment and license held.

(b) For the purposes of this Rule, "non-teaching work experience" means professional work experience in public or private sectors that is directly related to an individual's area of licensure and work assignment, including the following:

(1) work experience earned while self-employed if it is verified by a tax attorney or an accountant who prepared the educator's tax returns or by a company co-owner; or

(2) full-time non-teaching work experience of less than six calendar months in one fiscal year if when combined with another fiscal year of part-time or full-time non-teaching work experience equals at least one year of experience credit.

(c) Credit for non-teaching work experience is not transferable to other licensure areas for which the experience is not relevant.

(d) To be eligible for credit, the non-teaching work experience must meet the following criteria:

(1) was at least half-time, which is defined as 20 hours or more per week or full time, which is defined as 40 hours or more per week;

(2) was completed after age 18;

(3) did not include on-the-job training; and

(4) was paid and documented.

(e) An educator may receive credit for one year of work experience for every two years of full-time relevant work experience completed prior to earning a bachelor's degree or may receive credit for one year of experience for each year of full-time relevant non-teaching work experience completed after earning a bachelor's degree.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-302.1; 115C-302.3;

Eff. October 1, 2020.

16 NCAC 06C .0366 Experience Credit Requirements for Career and Technical Education Teachers

For purposes of calculating salary, Career and Technical Education (CTE) license holders shall receive one year of teaching experience credit for each year of experience in CTE trade or industry relevant to their licensure area prior to becoming a teacher.

History Note: Authority G.S. 115C-12; 115C-151; 115C-153; 115C-154; 115C-156; 115C-268.1; 115C-268.5; 115C-270.5; 115C-302.1; 115C-302.3;

Eff. October 1, 2020.

16 NCAC 06C .0367 Experience Credit Requirements for Junior Reserve Officers' Training Corps Instructors

Junior Reserve Officers' Training Corps (JROTC) instructors who completed partial service in both active duty and the Military Reserve that totals at least 20 years shall receive 10 years of teaching experience credit for the purposes of calculating salary, provided the service member retired honorably.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-302.1; 115C-302.3;

Eff. October 1, 2020.

16 NCAC 06C .0368 RESERVED FOR FUTURE CODIFICATION

16 NCAC 06C .0369 Requirements for an Educator to be Granted Master's Degree Level Pay

(a) The North Carolina Department of Public Instruction (NCDPI) shall authorize salary on the master's degree level salary schedule for professional educators who hold master's degrees or advanced degrees that do not lead to a professional educator license if the following criteria are met:

(1) the master's or higher-level degree is from a regionally accredited Educator Preparation Program (EPP);

(2) the master's or higher-level degree is in an education or subject area directly related to an existing area of licensure and current teaching assignment or instructional support responsibilities; and

(3) the educator's assignment for 50 percent or more of the school day is in the area for which the master's or higher-level degree applies.

(b) Teachers and student services personnel who complete a degree at the master's, six-year, or doctoral degree level must have:

(1) completed at least one course toward that degree prior to August 1, 2013; or

(2) met the requirements of Paragraph (a) of this Rule for the salary supplement on or before June 30, 2013.

(c) The recognized regional accreditation bodies include the Middle States Association of Colleges and Schools, the New England Association of Schools and Colleges, the North Central Association of Colleges and Schools, the Northwest Commission on Colleges and Universities, the Southern Association of Colleges and Schools, and the Western Association of Schools and Colleges.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-302.1; S.L. 2014-100, s. 8.22;

Eff. October 1, 2020.

16 NCAC 06C .0370 Experience Credit and Graduate Pay Restrictions Enforced by the Appeals Panel

An educator shall not be awarded experience credit if the Appeals Panel deems the experience or degree not to be related to the areas of licensure and work assignment. An educator shall not be awarded graduate pay if the Appeals Panel deems the master's or higher level degree to be not directly related to the areas of work assignment for 50 percent or more of the school day. Should an educator disagree with a decision regarding an experience credit or graduate pay, he or she can appeal to Office of Administrative Hearings by 60 days after the denial of the request for the credit.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-302.1;

Eff. October 1, 2020.

16 NCAC 06C .0371 Licensure Fees for North Carolina Educators

(a) At the time an educator submits an application requesting one or more of the licensure services listed below, the educator must pay either the fee specified for the single service requested or the highest of the fees specified for each of several services requested:

(1) Issue an In-State Initial Professional License - $70.00

(2) Issue an Out-of-State Initial Professional License - $100.00

(3) Extend Provisional License Area - $60.00

(4) Delete License Area - $60.00

(5) Change Work Authorization - $60.00

(6) Add Area by Program Completion - $60.00

(7) Add Experience - $60.00

(8) Add Area by Test or 24 Semester Hours - $60.00

(9) Add National Board Certification - $60.00

(10) Clear Validation - $60.00

(11) Upgrade or Clear License Area - $60.00

(12) Issue a Late Renewal - $35.00

(13) Change Name on a License - $60.00

(14) Update Contact Information – No fee

(15) Correct an Education Record – No fee

(16) Issue Verification of a North Carolina License - $30.00

(17) Provide a Copy of Files or Test Scores - $30.00

(18) Add Research Experience - $30.00

(19) Issue Initial Alternative License - $100.00

(20) Validate an Expired Continuing Professional License - $60.00

(21) Extend an Initial Professional License - $60.00

(22) Recommend Converting an Initial Professional License to a Continuing Professional License - $60.00

(23) Convert to Lateral Entry License - $60.00

(24) Convert to Career and Technical Education Restricted License - $60.00

(25) Add Alternative Area - $60.00

(26) Authorize Masters Pay - $60.00

(27) Renew a License - $35.00

(28) Upgrade of Clear License Area - $60.00

(29) Convert to Initial Professional License - $60.00

(30) Convert to Continuing Professional License - $60.00

(b) All licensure fees are non-refundable and non-transferrable.

(c) An educator shall not submit an application for any service for which they do not currently qualify, provided, an educator may submit an application for a service pending notification of a nondiscretionary act of a third party.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.10;

Eff. October 1, 2020.

16 NCAC 06C .0372 DENYING A LICENSE APPLICATION OR SUSPENSION OR REVOCATION OF A LICENSE ISSUED BY THE NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION

16 NCAC 06C. 0373 REPORTING REQUIREMENTS FOR SUSPECTED CHILD ABUSE BY A LOCAL EDUCATION AGENCY ADMINISTRATOR TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION

16 NCAC 06C .0374 INVESTIGATION REQUIREMENTS TO DETERMINE REASONABLE CAUSE TO SUSPEND OR REVOKE AN EDUCATOR LICENSE

16 NCAC 06C .0375 VOLUNTARY SURRENDER OF AN EDUCATOR LICENSE

16 NCAC 06C .0376 REINSTATEMENT OR ISSUANCE OF A SUSPENDED, REVOKED, OR DENIED LICENSE

History Note: Authority G.S. 115C-12; 115C-268.1; 116C-268.5; 115C-270.5; 115C-270.20; 115C-270.35; 115C-325; 115C-325.9; 115C-400;

Eff. October 1, 2020;

Temporary Repeal Eff. April 5, 2024;

Repealed Eff. July 1, 2025.

16 NCAC 06C .0377 RESERVED FOR FUTURE CODIFICATION

16 NCAC 06C .0378 Circumstances for Seeking Exception from Licensure Requirements

(a) The SBE shall, upon request, grant one year extensions of time to satisfy licensure requirements upon a showing of "extenuating circumstances" for individuals who:

(1) Following initial licensure, have not completed the course work required to maintain a license; or

(2) Have not met other licensure requirements.

(b) "Extenuating circumstances" shall be defined as the unpredictable illness or disability of the teacher, the death, disability, or illness of a member of the teacher's family, or other unforeseeable emergencies beyond the control of the teacher, provided that the emergency had a direct and immediate impact on the teacher's ability to complete the licensure requirements.

History Note: Authority G.S. 115-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20;

Eff. October 1, 2020.

16 NCAC 06C .0379 One-Year Extension Process for Coursework Requirements to Fulfill Licensure Requirements

A Local Education Agency (LEA) may apply to the State Board of Education for a one-year extension of time to satisfy State licensure requirements for an individual who, due to extenuating circumstances, has not completed the course work required to maintain a license. The application for this extenuating circumstance shall include the documentation set forth in this Rule.

(1) A document, signed by the individual, which includes:

(a) a description of the extenuating circumstances that the teacher claims prevented him or her from satisfying the requirements for licensure;

(b) a request for an extension of his or her license for one additional year to complete the course work required to maintain a license; and

(c) an acknowledgment that the teacher understands that the materials submitted to the State Board of Education in support of his or her request are public records subject to disclosure under Chapter 132 of the North Carolina General Statutes.

(2) Copies of medical or other documentation to support the individual's claim of extenuating circumstances.

(3) A document, signed by the North Carolina principal who most recently supervised the individual, which includes:

(a) the dates the principal supervised the teacher;

(b) evidence of the individual's academic and professional preparation showing that the individual is competent to teach the standard course of study and has demonstrated the ability to implement effective educational methods that provide differentiated, individualized instruction, assessment and remediation to all his or her students;

(c) a statement that in the principal’s opinion the teacher is competent to teach the standard course of study and has demonstrated the ability to implement effective educational methods that provide differentiated, individualized instruction, assessment and remediation to the students in his or her classroom; and

(d) a copy of any of the individual's summative annual evaluations for the past three years.

(4) A document, signed by the superintendent of the local school system, which includes:

(a) a statement certifying that, based upon a review of the individual's and the principal's documentation and evidence, the superintendent believes the individual is competent to teach the standard course of study and has demonstrated the ability to implement effective educational methods that provide differentiated, individualized instruction, assessment and remediation to the students in his or her classroom;

(b) a list of the required course work that the applicant has completed;

(c) a description of the efforts that the local school administrative unit has made to assist the teacher to complete the required course work;

(d) a list of the required course work that the applicant must complete to qualify for a license;

(e) a description of the efforts that the local school administrative unit will make to assist the teacher to complete the required course work during the next year of teaching; and

(f) a statement that the superintendent believes that the applicant is likely to complete the required course work within the one-year extension.

(5) a document, signed by the chair of the local board of education, which includes:

(a) a certification that the local board of education has investigated the extenuating circumstances that the teacher claims prevented him or her from completing the required coursework for a license without undue hardship;

(b) a statement that the local board of education is satisfied that the teacher's description of the circumstances is true;

(c) a statement that the local board of education is satisfied that, due to extenuating circumstances, the teacher could not have completed the required coursework for a license without undue hardship; and

(d) a certification that the local board of education has approved the employment of the teacher for the next school year, subject only to the State Board of Education's decision to grant the requested one-year extension of the teacher’s provisional license.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06C .0380 Decision of the State Board of Education for a Requested Extension for an Educator's License

(a) An IPL holder may request of the State Board of Education an extension of time to complete licensure requirements for the purposes of converting an IPL to a CPL. The State Board of Education shall make a decision whether to grant the requested extension based on the IPL holder's extenuating circumstances unless otherwise prohibited by state or federal law.

(b) "Extenuating circumstances" means the illness or physical disability of the teacher; the death or catastrophic illness of a member of the teacher's immediate family; or other unforeseeable emergencies, beyond the reasonable control of the teacher, that have a direct and immediate impact on the teacher's ability to complete the licensure requirements.

History Note: Authority G.S. 115-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-270.20;

Eff. October 1, 2020.

16 NCAC 06C .0381 Beginning Teacher Support Program Requirements

(a) All public school units must have a Beginning Teacher Support Program (BTSP) and a Beginning Teacher Support Program Plan (BTSP Plan) that has been approved by the public school unit and by NCDPI. The requirements for a BTSP Plan are the following:

(1) Align with BTSP Standards, which include:

(A) promoting the commitment of all stakeholders in seeing mentoring and induction programs succeed;

(B) articulating the process and criteria for mentor selection, discusses mentor roles and responsibilities and delineates foundational mentor training;

(C) providing protected time to Beginning Teachers (BT) with support to achieve success in the areas set forth by the North Carolina Professional Teaching Standards as described in Rule .0385 of this Section;

(D) providing BTs professional development that orients them in their new career and supports their efforts to meet the North Carolina Professional Teaching Standards as described in Rule .0385 of this Section; and

(E) monitoring and supporting BTs and mentoring programs using a formative assessment system to guide their work.

(2) Document a process to identify and verify all BTs, which includes:

(A) completing the Recent Graduate Survey by the BT and the Employer Survey by the principal of the school by the end of the first year of teaching as required in G.S. 115C-269.35;

(B) supporting the licensure process for the BT to convert the IPL to a CPL;

(D) collecting BT data as explained in this Rule for the annual State of the Teaching Profession report as stated in G.S. 115C-12(22) for LEAs only.

(3) Provide an orientation for every BT within the first two weeks of work for the BT;

(4) Develop a professional development plan (PDP) for each BT as reviewed in Rule .0383 of this Section;

(5) Assign every BT a mentor who meets the requirements set forth in Rule .0384 of this Section;

(6) Provide support and training to mentors;

(7) Complete any required or prescribed professional development for BTs;

(8) Provide a recognized process for conducting observations and summative evaluations for all BTs;

(9) Plan for participation and demonstration of proficiency in BTSP monitoring based on the requirements in this Rule; and

(10) Plan for participation in the annual BTSP Peer Review Process;

(11) Provide written statement on how personnel files for BTs are filed and secured;

(12) Plan for a transfer of BT files to subsequent employing public school units and non-public institutions in North Carolina;

(13) Document local board of education approval of the BTSP Plan; and

(14) Provide evidence and documentation to establish the validity and instrument crosswalk for public school units that are using an alternative evaluation system to identify mentors.

(b) All full-time BTs who are pursuing a continuing professional license must participate in a BTSP for three years. A full-time BT is a person employed to fill a vacancy whose regular work week is the number of hours established as full-time for the class of work assigned, but not less than 30 hours per week. For the purposes of this Rule, a "year" is defined as working in a full-time permanent position for six or more calendar months during a North Carolina fiscal year.

(c) The Regional Education Facilitator (REF) team shall monitor the implementation of the BTSP Plan over a five year cycle. If any areas of noncompliance arise, the public school unit must submit a work plan to address those areas, including strategies and timeline. The REF team must review the work plan and approve the plan if all areas of noncompliance are addressed. The REF team must conduct a technical assistance visit one year after monitoring the BTSP Plan to see if the public school unit has implemented and completed their work plan.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-300.1;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06C .0382 Beginning Teacher Support Requirements

All public school units must limit the number of children with disabilities as defined in G.S. 115C-106.3 assigned to a BT.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-300.1; 115C-106.3;

Eff. October 1, 2020.

16 NCAC 06C .0383 Beginning Teacher Professional Development Plan

(a) All beginning teachers must create a Professional Development Plan (PDP) annually in collaboration with their mentor and the principal or principal's designee.

(b) The PDP must be based on the North Carolina Professional Teaching Standards as described in Rule .0384 of this Section and must include goals, strategies, and assessment of the beginning teacher's progress in improving professional skills.

(c) The beginning teacher, mentor, and principal must meet at the beginning, middle, and end of each year to conduct formative assessment conferences to monitor the progress of the beginning teacher in meeting the goals established by the PDP. Signatures of the beginning teacher, mentor, and principal are required for each formative assessment conference.

(d) All beginning teachers must complete any professional development assigned by the public school unit annually.

(e) All beginning teachers shall be evaluated in the manner outlined in G.S.115C-333.1 using the North Carolina Board of Education approved North Carolina Educator Evaluation System for measuring teacher performance on the North Carolina Professional Teaching Standards.

(f) Public school units with approved BTSP plans must participate in an annual review to evaluate the beginning teacher's performance on the North Carolina Professional Teaching Standards, which includes a beginning teacher self-assessment along with an assessment of the beginning teacher by a co-teacher. This review shall be filed annually with the North Carolina Department of Public Instruction. Data from the annual reviews shall be summarized and analyzed by NCDPI on a five-year cycle.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-300.1;

Eff. October 1, 2020.

16 NCAC 06C .0384 MENTOR PROGRAM REQUIREMENTS

(a) All local boards shall have a mentor program to provide ongoing support for new teachers entering the profession.

(b) Public school units shall select qualified teachers to serve as mentors using the North Carolina Professional Teaching Standards and North Carolina Educator Evaluation System to evaluate teachers unless the public school unit develops an alternative evaluation system that measures teacher performance on standards and criteria similar to those in the North Carolina Professional Teaching Standards and North Carolina Educator Evaluation System.

(c) For the purposes of mentor selection outlined in G.S. 115C-300.1(c), public school units may use the most recently available evaluation for teachers who lack an evaluation from the prior year. Teachers without evaluation data for two or more consecutive years shall not be eligible to serve as mentor teachers, unless the mentor is a retired teacher.

(d) Any teacher who is assigned to be a mentor to a beginning teacher shall continuously meet eligibility requirements outlined in G.S. 115C-300.1(c).

(e) Mentor assignments and guidelines shall comply with the following expectations:

(1) mentor selection criteria shall include input from educators, parents, educator preparation program faculty, education nonprofits;

(2) mentor selection criteria are articulated by program Leadership;

(3) the process for mentor application and selection is publicly displayed;

(4) mentors support beginning teacher orientation and provide logistical and emotional support;

(5) mentors focus their primary support on improving instruction and learning;

(6) Mentors mentors provide ongoing support and encouragement for the beginning teacher;

(7) mentors receive initial training regarding their role as mentors and their responsibilities in the induction program;

(8) mentors receive ongoing training to advance their knowledge and skills; and

(9) mentors have opportunities to participate in professional learning communities of mentoring practice.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-270.5; 115C-300.1; 115C-333.1;

Eff. October 1, 2020.

16 NCAC 06C .0385 The North Carolina Professional Teaching Standards

LEAs shall use the North Carolina Professional Teaching Standards set forth in this Rule to determine teacher proficiency as a part of the North Carolina Educator Evaluation System (NCEES).

(1) A teacher shall demonstrate leadership and shall:

(a) lead in his or her classroom;

(b) demonstrate leadership in the school;

(d) advocate for schools and students; and

(e) demonstrate high ethical standards.

(2) A teacher shall establish a respectful environment for a diverse population of students and shall:

(a) provide an environment in which each child has a positive, nurturing relationship with caring adults.

(b) embrace diversity in the school community and in the world;

(d) adapt their teaching for the benefit of students with special needs; and

(e) work collaboratively with the families and adults in the lives of his or her students.

(3) A teacher shall understand the content they teach and shall:

(a) align his or her instruction with the North Carolina Standard Course of Study;

(b) know the content appropriate to their teaching specialty;

(d) make instruction relevant to students.

(4) A teacher shall facilitate learning for his or her students and shall:

(a) know the ways in which learning takes place, and know the appropriate levels of intellectual, physical, social, and emotional development of his or her students;

(b) plan instruction appropriate for his or her students;

(d) integrate and utilize technology in his or her instruction;

(e) help students develop critical-thinking and problem-solving skills;

(f) help students work in teams and develop leadership qualities;

(g) communicate effectively; and

(h) use a variety of methods to assess what each student has learned.

(5) A teacher shall reflect on his or her practice and shall engage in the following:

(a) analyze student learning;

(b) link professional growth to his or her professional goals;

(d) contribute to the academic success of students.

History Note: Authority G.S. 115C-12(22); 115C-268.1; 115C-268.5; 115C-299.5; 115C-333; 115C-333.1; 115C-335;

Eff. October 1, 2020.

16 NCAC 06C .0386 School Administrator Preparation Program Coursework Requirements

All School Administrator Preparation Programs shall incorporate coursework addressing the North Carolina Standards for School Executives including:

(1) understanding state and federal laws, regulations, and case law that affects North Carolina public schools;

(2) using technology for effective teaching and learning and administrative duties;

(3) determining how a child responds to research-based interventions to screen students who may be at risk of academic failure, monitoring the effectiveness of instruction proposed for students identified as at-risk, and modifying instruction as needed to meet the needs of each student;

(4) applying skills to observe and analyze the teaching of literacy and numeracy across content areas using developmentally appropriate and differentiated instructional strategies to meet the needs of all learners;

(5) understanding the importance of creating and promoting an engaging, safe school climate;

(6) understanding and using processes to evaluate licensed staff; and

(7) using effective leadership and implementation strategies to facilitate professional practices and manage change.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-284;

Eff. October 1, 2020.

16 NCAC 06C .0387 School Administrator Preparation Program CURRICULUM REQUIREMENTS

All School Administrator Preparation Programs shall offer curriculum aligned with the North Carolina Standards for School Executives described in Rule .0386 of this Section that addresses student learning and school improvement and focuses on the following:

(1) all grade levels from preschool through grade 12;

(2) the role of kindergarten through grade 12 instruction, emphasizing literacy and numeracy, curriculum, assessment and the needs of the school or district in improving learning;

(3) all students, with specific attention to students with special needs, such as specific learning disabilities, English language learners, gifted students, and students in early childhood programs; and

(4) collaborative relationships with all members of the school community, such as parents, school board members, local school councils or other governing councils, and community partners; and

(5) the role of instructional and student services personnel.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-284;

Eff. October 1, 2020.

16 NCAC 06C .0388 School Administrator Preparation Program internship Requirements

(a) All School Administrator Preparation Programs must include an internship as part of its curriculum. The internship shall be conducted at one or more public or nonpublic schools to expose the candidate to a variety of school leadership situations in settings that represent diverse economic and cultural conditions, including interaction with various members of the school community. The internship shall include the following components:

(1) engagement in instructional activities that involve teachers in a variety of disciplines and grade levels, including general education, special education, bilingual education and gifted education classroom settings;

(2) observation of the hiring and supervision of teachers, other licensed staff, and non-licensed staff, which includes the development of a professional development plan for teachers; and

(3) participation in leadership opportunities.

(b) Each program shall assign a faculty member to serve as faculty supervisor for the internship portion of the program. All programs shall ensure that each candidate completes the internship.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-284;

Eff. October 1, 2020.

16 NCAC 06C .0389 School Administrator Preparation Program internship site Requirements

To serve as an internship site for a School Administrator Preparation Program, a public or nonpublic school shall fulfill the following requirements:

(1) the principal of the school shall hold a valid and current North Carolina principal license or, if the internship site is located in another state, the principal shall hold a valid and current administrator license in that state; and

(2) the principal shall have two years of experience supervising all certified/licensed and classified staff within a school building. Local Education Agencies (LEAs) and other public-school governing bodies shall ensure that the cooperating principal meets the experience requirement prior to placement of the intern.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-284;

Eff. October 1, 2020.

16 NCAC 06C .0390 School Administrator Preparation Program Requirements

In order for a School Administrator Preparation Program to recommend candidates for licensure, the program must meets the following requirements:

(1) The program shall be jointly established by one or more institutions of higher education, not-for-profit entities, or for-profit entities, and a local education agency or nonpublic school.

(2) The responsibilities and roles of each partner in the design, implementation and administration of the program shall be set forth in a memorandum of understanding (MOU) signed by each partner.

(3) The MOU must address at least the following:

(a) the process and responsibilities of each partner for the selection and assessment of candidates;

(b) the establishment of the internship and any field experiences, and the specific roles of each partner in providing those experiences, as applicable;

(c) the development and implementation of a training program for mentors and faculty supervisors that supports candidates' progress during their internships in observing, participating, and demonstrating leadership;

(d) names and locations of non-partnering school districts and nonpublic schools where the internship and any field experiences may occur; and

(e) the process to evaluate the program, including the partnership, and the role of each partner in making improvements based on the results of the evaluation.

(4) The partners must review the MOU every three years.

(5) Each School Administrator Preparation Program shall comply with the requirements of Rules .0386, .0387, .0388, and .0389 of this Section.

(6) Each School Administrator Preparation Program shall:

(a) provide multiple opportunities for school leader candidates to be observed and coached by program faculty and staff;

(b) facilitate the evaluation of school leader candidates during and at the end of the internship based on the North Carolina School Executive Evaluation Rubric;

(c) provide expectations for and firm commitment from school leaders and faculty members who will oversee the internship of candidates; and

(d) provide faculty supervisors to work in collaboration with site mentors to complete the assessment of the candidate's performance during the internship.

(7) A portion of the required coursework shall include "field experiences", i.e., multiple experiences that are embedded in a school setting and relate directly to the core subject matter of the course. The preparation program shall determine the courses for which completion of field experiences will be required and the time allotted to field experiences across all courses in the curriculum.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-284;

Eff. October 1, 2020.

16 NCAC 06C .0391 TESTING EXEMPTIONS FOR ADMISSION INTO AN EDUCATOR PREPARATION PROGRAM

(a) A student seeking admission to an Educator Preparation Program (EPP) shall be exempt from taking and passing the preprofessional skills test described in Rule .0392 of this Section if he or she meets one of the following conditions:

(1) If a student takes the SAT prior to March 2016, the scores must meet the following:

(A) Individuals with a total SAT score of 1100 are exempt from Praxis Core testing requirements;

(B) Individuals with a total SAT score of less than 1100 but a score of at least 550 on the Verbal test are exempt from the Preprofessional Skills Tests in Reading and Writing; and

(C) Individuals with a total SAT score of less than 1100 but a score of at least 550 on the Math test are exempt from the Preprofessional Skills Test in Mathematics.

(2) If a student takes the SAT after March 2016, the scores must meet the following:

(A) Individuals with a total SAT score of 1170 are exempt from Praxis Core testing requirements;

(B) Individuals with a total SAT score of less than 1170, but a score of at least 600 on the evidence-based reading and writing test are exempt from the Preprofessional Skills Tests in Reading and Writing; and

(C) Individuals with a total SAT score of less than 1170 but a score of at least 570 on the Math test are exempt from the Preprofessional Skills Test in Mathematics.

(3) If a student takes the ACT, the scores must meet the following:

(A) Individuals with a composite ACT score of 24 or higher are exempt from Praxis Core testing requirements;

(B) Individuals with a composite ACT score of less than 24, but with a score of at least 24 on the English test are exempt from the Preprofessional Skills Tests in Reading and Writing; and

(C) Individuals with a composite ACT score of less than 24, but a score of at least 24 on the Math test are exempt from the Preprofessional Skills Test in Mathematics.

(b) In the event that either the College Board or ACT changes the scaling of their respective assessments, the SBE shall use concordance information from the testing vendor to establish new cut scores for exemption from the Praxis assessments.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-269.15;

Eff. October 1, 2020.

16 NCAC 06C .0392 TESTING REQUIREMENTS FOR ADMISSION TO AN EDUCATOR PREPARATION PROGRAM

(a) For purposes of G.S. 115C-269.15, the pre-professional skills test shall be the Praxis Core Academic Skills Educators Assessment.

(b) Each student seeking admission to an Educator Preparation Program shall pass the Praxis Core Academic Skills Educators Assessment unless an exemption is permitted under G.S. 115C-269.15 or Rule .0391 of this Section.

(c) Passing scores for the Praxis assessment are enacted by the State Board of Education using validity and reliability studies provided by the vendor and the recommendations of both the vendor and Department of Public Instruction staff.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-269.15;

Eff. October 1, 2020.

16 NCAC 06C .0393 Mathematics Instructional Requirements for Educator Preparation Programs Training Elementary and Exceptional Children General Curriculum TeacherS

In addition to the minimum requirements set forth in G.S. 115C-269.20(1) and (2), all Educator Preparation Programs that provide training for elementary and exceptional children general curriculum teachers shall include coursework in the following areas:

(1) Instruction in the teaching of mathematics with attention to the following:

(a) content, which includes number and operations, early algebra, measurement; and

(b) pedagogical issues, which includes high quality tasks, classroom discourse, instructional moves.

(2) Instruction in evidence-based learning trajectories, how to identify what students are able to do, and what is needed to address their needs including:

(a) how to identify which mathematical concepts or skills students have and have not demonstrated, and

(b) how to plan for instruction based on student strengths and needs as determined by the evidence.

(3) Instruction in understanding the strengths and weaknesses of instructional supports and how to adapt and utilize mathematical resources to advance instruction; and

(4) Instruction in designing learning experiences to align with specific learning goals.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-269.20;

Eff. October 1, 2020.

16 NCAC 06C .0394 Standards of Practice for Innovative or Experimental Programs for School Administrator Preparation

Innovative or experimental school administration preparation programs that received grants under G.S. 116-74.46 shall be reviewed by the PEPSC annually, which shall use the following standards:

(1) the program is organized and administered, showing a structure for the oversight and management of the program which ensures flexibility and accountability;

(2) the program provides documentation of human, fiscal, and physical resources;

(3) the program addresses the needs of the students;

(4) the program includes exit levels of competency, a procedure for recommending licensure, and a follow up process; and

(5) the program has defined and measurable expected outcomes and results as measured by the annual Educator Preparation Program Report Card pursuant to G.S. 115-269.50.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-269.35; 115C-269.50; 115C-284; 115C-284.1;

Eff. October 1, 2020.

16 NCAC 06C .0395 Process for Filing a Complaint Against an Educator Preparation Program (EPP)

(a) Complaints against an EPP must be made in writing to the State Board of Education. The written complaint may be filed by an individual or entity through the following means:

(1) filling out and submitting the complaint form online;

(2) mailing a hard copy of the complaint to the physical address on the form; or

(3) faxing a hard copy of the complaint to the fax number on the form.

(b) The complaint form, at a minimum, shall include:

(1) a description of the process and contact information for assistance;

(2) a section to collect the complainant's contact information and EPP they attend;

(2) a section to collect a description of the alleged violation;

(3) a section to collect the dates of the incident(s);

(4) a means to collect supporting documentation/evidence to support the described facts where available; and

(5) a section to collect what efforts were made to date to resolve the complaint.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-269.55;

Eff. October 1, 2020.

16 NCAC 06C .0396 Restrictions on the authority of the state board of education on complaints against an educator preparation program (epp)

The SBE shall not mediate, arbitrate, or otherwise resolve any issue between an EPP and a student regarding contractual or commercial issues such as the following:

(1) contractual arrangements with an EPP, such as program removal due to not meeting a program requirement or being noncompliant with the EPP on the university level;

(2) commercial issues including any type of business transaction with the EPP or university, such as financial enrollment, bankruptcy, closing of institution, and program fidelity;

(3) grade issues such as requesting a change in grade for a course or gaining credit for a course or requirement in the program; and

(4) seeking readmittance to an EPP.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-269.55;

Eff. October 1, 2020.

16 NCAC 06C .0397 Educator Preparation Program Coursework Requirements for All Programs

In addition to the minimum requirements set forth in G.S. 115C-269.20(a)(1), all Educator Preparation Programs shall include instruction in the following areas:

(1) The identification of academically or intellectually gifted children;

(2) Evidence based practices as defined by the Every Student Succeeds Act (P.L. No 114-95, 129, Stat. 1801, S. 1177-2 Part F- General Provisions, Title II, Sec. 2002);

(3) The teaching of diverse populations of students; and

(4) Classroom management.

History Note: Authority G.S. 115C-12; 115C-268.1; 115C-268.5; 115C-269.5; 115C-269.10; 115C-269.20;

Eff. October 1, 2020.

SECTION .0400 – SALARIES AND BENEFITS

16 NCAC 06C .0401 Definitions

As used in this Section, the following definitions shall apply:

(1) "Career employee" is defined in G.S. 115C-325(a)(1a).

(2) "Creditable service" is defined in G.S. 135-1(8).

(3) "Disability benefits" means benefits received under Chapter 135, Article 6 of the General Statutes.

(4) "Full-time employee" means a person employed by a local board of education for the number of hours per week that the local board considers full-time for the position in which the person is employed, but no less than 30 hours per week.

(5) "Immediate family member" means a spouse, parent, child, grandchild, brother, sister, half-sibling, step-sibling, or dependent living in the employee's household. The term applies to any such relationship whether by blood, adoption, or marriage.

(6) "Instructional personnel" includes any of the following:

(a) Teachers, as defined in Item (13) of this Rule;

(b) Student services personnel, as classified by 16 NCAC 06C .0306.

(7) "Interim employee" means a person employed temporarily to replace an employee who is on leave without pay but is expected to return to work.

(8) "Part-time employee" means a person employed for at least 20 hours per week but fewer than the number of hours per week of a full-time employee in the same position classification.

(9) "Permanent employee" means a person who is employed by a local board of education either:

(a) In a permanent position; or

(10) "Retirement" is defined in G.S. 135-1(20).

(11) "School year" means either:

(a) For a year-round school, as defined in G.S. 115-84.2(f)(5), a calendar year beginning on July 1 of one year and ending on June 30 of the following year.

(b) For a traditional school with a summer break, the time between the opening and closing date for the local school administrative unit, as established by the local board of education pursuant to G.S. 115C-84.2.

(12) "Substitute employee" or "substitute" means a person employed to fulfill the duties of a permanent employee on a temporary basis while the permanent employee is on paid leave.

(13) "Teacher" means a permanent employee of a local board of education:

(a) Whose major responsibility is classroom teaching; and

(b) Who holds a current professional educator license.

(14) "Temporary employee" means a person who is employed to fill a vacancy and is either:

(a) Working fewer than 20 hours per week; or

(b) Employed for fewer than six full consecutive months.

(15) "Workers' compensation" means compensation received under Chapter 97, Article 1 of the General Statutes.

History Note: Authority G.S. 115C-272; 115C-285; 115C-302.1; 115C-316;

Eff. July 1, 1986;

Amended Eff. July 1, 1994; October 1, 1993; December 1, 1991; March 1, 1990;

Temporary Amendment Eff. November 15, 1995;

Amended Eff. July 1, 2001;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0402 SICK LEAVE

(a) This Rule shall govern the use of sick leave by employees of a local board of education ("local board") pursuant to G.S. 115C-336. The local board may adopt additional policies to govern the use of sick leave, provided they are consistent with this Rule.

(b) Eligibility for Sick Leave

(1) A permanent full-time employee who works or is on paid leave (including State holidays and days for which the employee is receiving workers' compensation) for at least one-half of the workdays in a calendar month shall earn either:

(A) One day of sick leave per month; or

(B) The number of hours in sick leave per month that is equivalent to the number of hours in a workday for a permanent full-time employee in that position classification, up to a maximum of eight hours.

(2) A permanent part-time employee who works or is on paid leave (including State holidays and days for which the employee is receiving workers' compensation) for at least one-half of the workdays in a calendar month shall earn sick leave on a pro rata basis relative to the amount of leave earned by a permanent full-time employee in the same position classification. A permanent part-time employee who was previously employed in a full-time position shall retain any sick leave earned in the full-time position upon transferring to the part-time position.

(3) An employee may accumulate unused sick leave from year to year without limit.

(4) An employee who is not eligible to earn sick leave may not use previously accumulated sick leave.

(1) A permanent employee may use sick leave for any of the following purposes:

(A) Personal illness or injury that renders the employee unable to perform the employee's professional duties.

(B) Personal medical appointments of the employee.

(C) Caretaking for a newborn child or child placed with the employee for adoption or foster care, subject to the requirements of G.S. 115C-336.1.

(D) Caretaking for an immediate family member due to the family member's illness or injury, including taking the family member to medical appointments.

(E) Death of an immediate family member.

(2) The employee shall provide advanced notice to the administrative unit ("LSAU") of the employee's intent to use paid sick leave for elective medical procedures or childbirth, in accordance with policies adopted by the local board of education. When possible, the employee shall provide notice at least 30 days in advance.

(3) The employee shall, upon the request of the local superintendent or designee, provide medical documentation to verify that the employee's use of sick leave is for a permissible purpose.

(4) The employee shall not use sick leave for paid holidays, days for which the employee was previously scheduled to use vacation leave, or days in which the employee is on leave without pay. Any period of absence for which the employee is receiving workers' compensation is not considered leave without pay.

(d) An LSAU may advance sick leave to an employee based on the amount of sick leave the employee is anticipated to earn in the remainder of the current fiscal year, provided that the LSAU shall assume financial responsibility for any advanced sick leave not earned at the time the employee separates from employment or at the end of the fiscal year, whichever is earlier.

(e) An employee is not entitled to compensation for accumulated sick leave, except as permitted by the North Carolina Teachers and State Employees Retirement System.

(f) Separation from Employment

(1) If an employee separates from employment with a local board or transfers to a temporary employee position, the employee shall retain the employee's accrued sick leave balance for 60 months.

(2) If the employee returns to employment in a full-time or part-time permanent position with a local board within 60 months, the employee shall regain access to the accumulated sick leave.

(3) If the individual was employed on a 10-month contract at the time of separation, the employee shall retain the leave for 63 months, provided the person returns to employment on another 10-month contract.

(g) Transfer of Sick Leave

(1) An employee may transfer accumulated sick leave from one LSAU to another LSAU upon transfer of employment, provided that any variance in the number of working hours per day that is considered "full-time" between the new position and the previous position shall not result in an increase or decrease in the total number of sick leave days available as a result of the transfer. To calculate the equitable value of the transferred leave:

(A) The sending LSAU shall divide the total number of hours of accumulated sick leave by the number of working hours per day that is considered "full-time" in the departing employee's previous position. This generates a total number of sick leave days available for transfer to the receiving LSAU.

(B) The receiving LSAU shall then multiply the number of transferred sick leave days by the number of working hours per day that is considered "full-time" in the incoming employee's previous position. This generates the total number of sick leave hours available for use by the employee in the new position.

(2) An employee may transfer accumulated sick leave to a State agency or any of the entities listed in 25 NCAC 01E .0309 upon transfer of employment to such agency or entity, if the agency or entity is willing to accept the leave. A person employed by the agency or entity may transfer accumulated sick leave to an LSAU upon transfer of employment to such LSAU if such LSAU is willing to accept the leave and, consistent with Subparagraph (g)(1) of this Rule, any variance in the number of working hours per day that is considered "full-time" between the new position with the LSAU and the previous position with the agency or entity shall not result in an increase or decrease in the total number of leave days available as a result of the transfer.

(3) An employee may only transfer accumulated sick leave from one leave-earning position to another leave-earning position, even if the new position is within the same local school administrative unit.

(h) Extended Sick Leave

(1) Full-time teachers and instructional personnel may request extended sick leave.

(2) To qualify for extended sick leave, the employee must:

(A) Be absent due to personal illness or injury that renders the employee unable to perform the employee's professional duties;

(B) Require a substitute employee; and

(3) A qualified employee is entitled to up to 20 days of extended sick leave per school year.

(4) The employee shall, upon the request of the local superintendent or designee, provide medical documentation to verify that the employee's use of extended sick leave is for a permissible purpose.

(5) Unused extended sick leave days shall not accumulate from year to year.

(6) Extended sick leave shall not be available beyond the mandatory waiting period for workers' compensation or short-term disability benefits.

(i) Use of Vacation Leave for Catastrophic Illness

(1) If an employee who requires a substitute employee is unable to perform the employee's professional duties due to a catastrophic personal illness and has exhausted the employee's available sick leave, the employee may use vacation leave for days in which students are in attendance.

(2) The local superintendent or designee shall determine whether a condition constitutes a catastrophic personal illness based on an evaluation of the following factors:

(A) The debilitative nature of the condition;

(B) The life-threatening potential of the condition;

(D) The anticipated length of the employee's absence due to the condition; and

(E) Other forms of relief available to the employee, such as disability benefits.

History Note: Authority G.S. 115C-12(8); 115C-336; 115C-336.1; 126-5; 135-1; 135-4;

Eff. July 1, 1986;

Amended Eff. June 1, 1994; October 1, 1993; July 1, 1992; March 1, 1990;

Temporary Amendment Eff. November 8, 1999;

Amended Eff. April 1, 2001;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0403 substitute employees

(a) Each local school administrative unit ("LSAU") shall employ all substitute employees that the local superintendent or designee deems necessary for the efficient operation of the LSAU, subject to the requirements of this Rule.

(b) Substitute Teachers

(1) The LSAU shall, to the extent feasible, hire licensed teachers to serve as substitute teachers.

(2) The LSAU shall employ substitute teachers in units of half or whole days.

(3) If the LSAU employs a teacher assistant as a substitute, the LSAU shall pay the substitute an amount equivalent to the daily salary rate for a first-year teacher with a bachelor-level teaching license.

(4) The minimum pay rate for a substitute teacher who holds a current North Carolina teaching license shall be at least 65 percent of the daily pay rate of a licensed first-year teacher with a bachelor-level teaching license.

(5) The minimum pay for a substitute teacher who does not hold a current North Carolina teaching license shall be at least 50 percent of the daily pay rate of a licensed first-year teacher with a bachelor-level teaching license but shall not exceed the minimum pay of a substitute teacher who holds such a license.

(6) If a teacher takes extended sick leave under 16 NCAC 06C .0402(h), the LSAU shall deduct fifty dollars ($50.00) per day from the teacher's salary, regardless of whether the LSAU hires a substitute teacher.

(7) The LSAU shall pay the substitute teacher from the same source of funds (local, state, or federal) as the regular teacher, unless otherwise specified by this Section.

(8) A substitute teacher shall be considered a long-term substitute if employed for at least 30 hours per week for an anticipated duration of at least six months. A long-term substitute teacher is not an interim employee and is entitled to the same benefits as permanent full-time employees if the substitute otherwise meets the eligibility requirements for those benefits.

(1) The local superintendent shall determine the need to hire a substitute employee for a school counselor, assistant principal, principal, or other administrator who does not have teaching responsibilities; or for non-licensed employees such as school nurses, custodians, or clerical staff.

(2) The LSAU shall pay for any substitute employee hired to replace such an employee from local funds.

(3) The LSAU may temporarily assigns a teacher to fulfill the duties of a principal who is on sick leave for at least 10 days. Under such circumstances, the LSAU shall not deduct any money from the teacher's salary to pay for a substitute teacher for the teacher's regular classroom.

(d) An LSAU may employ a licensed teacher to fill a teacher vacancy of at least 10 days but less than six months if the teacher is licensed in the same license area. Unless the teacher requests to be employed as a substitute, the LSAU shall pay the teacher at the teacher's eligible rate on the State salary schedule, but the teacher shall not be entitled to benefits.

History Note: Authority G.S. 115C‑12(8);

Eff. July 1, 1986;

Amended Eff. October 1, 1993; October 1, 1990; March 1, 1990; August 1, 1987;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0404 LEAVE WITH PAY

(a) A local school administrative unit ("LSAU") shall provide permanent employees with leave with pay under the circumstances set forth in this Rule.

(b) Except where otherwise provided below, the LSAU shall pay any substitute employee hired to fulfill the duties of an employee on leave with pay from the same funding source as the employee taking the leave.

(c) The LSAU shall not deduct from a permanent employee's salary if the employee is absent from the employee's regularly scheduled duties for any of the following reasons:

(1) The employee is on sick leave in accordance with Rule .0402 of this Section.

(2) The employee's supervisor has granted the employee leave to represent the school or LSAU at a community event. The LSAU shall pay any substitute employee hired under these circumstances from local funds.

(3) The employee is attending meetings or performing duties as a member of the State Board of Education; the State Textbook Commission; the Board of Governors of the North Carolina Governor's School; or a commission or committee appointed by the Governor, the Superintendent of Public Instruction, the State Board of Education, or the General Assembly.

(4) The employee is summoned to jury duty, or is required to attend court, a deposition, or other legal proceeding in connection with the employee's official duties or in response to a subpoena or court order to testify as a witness to a crime. If the employee is required to attend court as a plaintiff, defendant, or witness in relation to a personal matter, whether or not in response to a subpoena or court order, the employee must use available leave time. The employee shall return to the LSAU any fees, other than travel reimbursement or per diem, that the employee earns from serving as a witness in connection with the employee's official duties.

(5) The local superintendent assigns the employee to attend professional training or participate in another school program outside the employee's regular duties. The LSAU shall pay any substitute employee hired under these circumstances from local funds.

(6) The local superintendent or designee has suspended the employee with pay under G.S. 115C-325(f1) or 115C-325.5. The LSAU shall pay any substitute employee hired to cover for the suspended employee a salary based on the substitute's qualifications under Section .0300 of this Subchapter.

(7) The employee is on military leave with pay in accordance with 25 NCAC 01E .0802–.0821.

(8) The employee suffers an injury or disability that is covered by G.S. 115C-338.

(9) The employee requests leave to observe a bona fide religious holiday, provided the employee is permitted no more than two such observance days in one school year. The employee shall use available vacation leave, subject to the requirements of Rule .0409 of this Section, use personal leave, subject to the requirements of G.S. 115C-302.1(d), or make up the time absent from work at a time and under circumstances approved by the employee's supervisor. The employee shall not request such leave time on days that are already scheduled as vacation days or paid holidays in the school calendar.

(10) Upon recommendation of the local superintendent, the local board of education may grant leave with pay for elected officers of professional organizations, provided the organization pays the full salary and all benefit costs for the employee while the employee is on leave. During such leave time, the employee shall earn sick leave, vacation leave, personal leave, and paid holidays.

History Note: Authority G.S. 115C-12(8); 115C-300; 115C-302.1; 115C-325; 115C-325.5; 115C-338; 115C-408;

Eff. July 1, 1986;

Amended Eff. July 1, 2001; March 1, 1990; August 1, 1987;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0405 LEAVE WITHOUT PAY

(a) A local school administrative unit shall allow leaves of absence without pay for permanent employees under the following circumstances:

(1) The employee is on military leave without pay in accordance with 25 NCAC 01E .0802–.0821.

(2) The employee gives birth to or adopts a child. The employee may take up to 12 months of leave without pay, beginning on the date of the birth or finalization of the adoption. This provision is in addition to any paid parental leave to which the employee may be entitled under Rule .0408 of this Section.

(3) Other such circumstances deemed appropriate by the local superintendent or designee in accordance with policies adopted by the local board of education.

(b) The employee shall provide advanced notice to the LSAU of the employee's request for a leave of absence, in accordance with policies adopted by the local board of education.

(d) The LSAU may provide a leave of absence to allow the employee to pursue an educational degree or other credential but shall not use state funds to pay any substitute employee hired to fulfill the duties of the absent employee.

History Note: Authority G.S. 115C‑12(8); 115C-336.1; 115C‑408; 126-8.6;

Eff. July 1, 1986;

Amended Eff. March 1, 1990;

Readopted Eff. July 1, 2026.

16 ncac 06C .0406 military Leave

(a) As used in this Rule, the following definitions shall apply:

(1) "Active duty" is defined in 10 U.S.C. 101(d)(1).

(2) "Armed forces" is defined in 10 U.S.C. 101(a)(4).

(3) "Extended active duty" is defined in 26 U.S.C. 32(c)(4).

(4) "Military orders" is defined in 50 U.S.C. 3955(i)(1).

(5) "Military service" is defined in 50 U.S.C. 3911(2).

(6) "Reserve component" is defined in 38 U.S.C. 101(27).

(b) This Rule shall govern the use of military leave by employees of all public school units ("PSUs") pursuant to G.S. 115C-302.1(g1), G.S. 127A-116, and the Uniformed Services Employment and Reemployment Rights Act of 1994, 103 P.L. 353. Each PSU shall ensure that an employee does not suffer loss of regular pay or benefits because of training or duty in service of the Armed Forces of the United States or the State of North Carolina, or for special emergency services. The governing body of a PSU may adopt additional policies to govern the use of military leave, provided they are consistent with this Rule. To the extent any provisions of this Rule conflict with federal law, the federal law shall control. The provisions of Subchapter II of Chapter 43 of Title 38 of the United States Code are incorporated by reference throughout this Rule, including subsequent amendments and editions thereof. A copy of these statutes is available at no cost from https://www.govinfo.gov/content/pkg/USCODE-2011-title38/pdf/USCODE-2011-title38-partIII-chap43.pdf.

(1) A PSU shall grant paid short-term military leave to employees who are members of any of the following military services:

(A) The reserve components of the United States Armed Forces.

(B) The Civil Air Patrol, when participating in missions or training exercises that are authorized by the Governor, the Secretary of the Department of Public Safety, or the United States Air Force. Such employees are not entitled to leave for regularly scheduled unit training assemblies.

(C) The North Carolina State Defense Militia, when called to service by the Governor for infrequent special activities in the interest of the State (usually not exceeding one day) or for missions related to disaster recovery, search and rescue, or similar efforts. Such employees are not entitled to leave for regularly scheduled unit training assemblies or when volunteering in support of activities sponsored by civic or social organizations.

(2) A qualified employee is entitled to up to 15 days of paid short-term military leave each fiscal year.

(3) Any portion of the vacation leave or 15 days of paid short-term military leave to which an employee may be entitled may be used in lieu of or in conjunction with unpaid military leave for attendance at any of the following:

(A) A military service academy.

(B) Active duty training with a reserve component.

(4) In addition to the 15 days provided by Subparagraph (c)(2) of this Rule, an employee who is a member of the National Guard is entitled to leave for activities in service of the State when so authorized by the Governor or the Governor's designee.

(5) An employee is not entitled to short-term military leave for any of the following:

(A) Duties imposed on the employee as a result of disciplinary action under the Uniform Code of Military Justice.

(B) Inactive duty training (drills) undertaken for the convenience of the employee, such as equivalent training, split-unit assemblies, or make-up drills.

(C) Unscheduled or incidental activities related to membership in the reserves, such as volunteer work at military facilities.

(d) An employee shall provide the PSU with advanced notice of the need for military leave and shall apply for reinstatement of employment for any leave of absence exceeding 30 consecutive calendar days.

(e) Unpaid Military Leave for Extended Active Duty

(1) A PSU shall grant unpaid military leave for extended active duty to an employee who enters active duty in service of the United States Armed Forces for a period exceeding 30 consecutive calendar days. The employer shall notify the employee of all rights and benefits concerning military leave at the time of the employee's hire or enlistment in the Armed Forces, whichever is later.

(2) An employee may use available paid short-term military leave at the beginning of a period of extended active duty.

(3) In addition to time spent on active duty, an employee may use unpaid military leave for any of the following reasons:

(A) A personal adjustment period while awaiting entry into active duty, not to exceed 30 days.

(B) Any period during which the employee is awaiting reinstatement in the employee's previous position following military service.

(D) Extensions of enlistment due to hospitalization as a result of military service.

(4) During a time of military leave for extended active duty, an employee shall continue to earn years of service as calculated for salary increases. The employee shall retain all accumulated sick leave during the absence. The employee may choose to retain all accumulated vacation leave during the absence or obtain a payout at the time the leave begins, subject to the limitations of 16 NCAC 06C .0409(d).

(5) An employee seeking to return to work with the PSU after extended active duty shall apply for reinstatement within 14 days following active duty service of 30 to 180 days or within 90 days following active duty service of more than 180 days, provided the employer gave prior notice to the employee of the employee's right to re-employment under this Rule and 38 U.S.C. 4316. If the employer failed to give prior notice, the employee may apply within 90 days of receipt of notice. Upon such application, the PSU shall reinstate the employee to a position of equivalent status, seniority, and pay to the position vacated at the time the employee took leave. If the employee is disabled due to military service to the extent that the employee cannot perform the duties of the original position, the PSU shall assign the employee to a position with appropriate accommodations.

(f) If the employee has exhausted paid short-term military leave and all other available paid leave, and the employee's military service pay is less that what the employee would earn with the PSU during the equivalent time period, the employee shall be eligible for differential pay. The employee shall provide the PSU with a military pay voucher or other documentation to prove the pay differential.

(A) A PSU shall pay any pay differential for employees in State-funded positions using State funds.

(B) A PSU shall pay any differential for employees in federally-funded positions using federal funds.

(C) A local board of education shall pay any pay differential for employees in locally funded positions using local funds

(D) A charter school shall pay any pay differential for its employees.

(E) A local board of education shall include any local supplement as part of the pay differential.

(g) An employee shall provide the PSU, upon request, with a copy of the military orders or other documentation of the required military duty or service.

History Note: Authority G.S. 115C-302.1(g1); 127A-116; 38 U.S.C. 4316;

Eff. December 1, 2004;

Readopted Eff. July 1, 2026.

16 NCAC 06C .0407 Flexible Furlough Leave

History Note: Authority N.C. Constitution, Article X, Sec. 5; S.L. 2010-31, sec. 29.1(a) July 1, 2010; G.S. 150B-21.1A;

Emergency Adoption Eff. June 4, 2009 to expire on January 1, 2010 (Authority Executive Order Number Eleven, April 28, 2009; Session Law 2009-26, Sec. 6, May 18, 2009);

Emergency Adoption expired January 1, 2010;

Emergency Adoption Eff. August 17, 2010 to expire June 30, 2011 (see S.L. 2010-31).

16 NCAC 06C .0408 PARENTAL LEAVE

(a) For the purposes of this Rule, the following definitions shall apply:

(1) "Child" means a newborn biological child or a newly placed adopted, foster, or otherwise legally placed child under the age of 18 whose parent is an eligible employee.

(2) "Continuous" leave means leave taken over a continuous period for the full amount of leave to which an eligible employee is entitled under Paragraph (c) of this Rule.

(3) "Eligible employee" means a person employed to fill a permanent, probationary, or time-limited position in a public-school unit ("PSU") who meets the eligibility requirements set forth in Paragraph (b) of this Rule. "Eligible employee" shall not include temporary employees or independent contractors.

(4) "Intermittent" leave means leave taken in separate periods for a single qualifying event that cumulatively equal the amount of leave to which an eligible employee is entitled under Paragraph (c) of this Rule. Intermittent leave may include periods of leave ranging from half of an employee's regularly scheduled workday to several consecutive workdays.

(3) "Parent" means the legal guardian or custodian of a child through birth, adoption, foster care, or other legal placement.

(4) "Public school unit" or "PSU" is defined in G.S. 115C-5(7a), except that this Rule shall only apply to a charter school if the board of directors for the charter school has opted to provide for paid parental leave in accordance with G.S. 115C-218.90(a)(6). The board shall notify the Office of Charter Schools at the Department of Public Instruction of its intent to offer paid parental leave no later than October 1 of the fiscal year for which it intends the leave to be available.

(5) "Qualifying event" means when an eligible employee becomes a parent to a child.

(b) To be eligible for paid parental leave, a PSU employee shall, at the time of the qualifying event, have been in pay status, as defined in 25 NCAC 01D .0105, with a PSU, state agency, or other public entity providing paid parental leave under G.S. 126-8.6 for at least 1,040 hours without a break in service within the previous 12-month period. The employee may aggregate periods of employment with different employers to satisfy this requirement, except that any period of employment by a charter school shall not satisfy this requirement unless the governing board of the charter school has elected to provide paid parental leave in accordance with G.S. 115C-218.90(a)(6). For purposes of this Rule, a break in service is defined in 25 NCAC 01D .0144, provided it shall not include:

(1) Any period in the past 12 months during which the employee was receiving workers' compensation under G.S. 97-1 et seq. or on short-term disability under G.S. 135-105.

(2) Any period in which the employee was on leave without pay.

(3) Any period in which the employee was absent due to military service in the Armed Forces of the United States, in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301–4333.

(4) For a 10- or 11-month employee whose employment will continue for the following school year, the time between the conclusion of one employment period and the commencement of the following employment period.

(5) For an employee who transitions from one employer offering paid parental leave under G.S. 126-8.6 to another employer providing paid parental leave under G.S. 126-8.6, any time between the date of separation from the first employer and the date of hire for the second employer, not to exceed 31 days.

(1) For a parent who gives birth to a child, up to eight weeks of paid parental leave consisting of:

(A) Four weeks for physical and mental recuperation; and

(B) Four weeks for bonding with the child.

(2) For any other qualifying event, up to four weeks of paid parental leave for bonding with the child.

(d) A part-time eligible employee who becomes a parent to a child shall be entitled to a prorated share of paid parental leave based upon the hours in the employee's regular, weekly schedule compared to the hours worked by a full-time employee in a similar position within the PSU, provided that the prorated share of leave shall not exceed the total number of weeks provided to a full-time employee under Paragraph (c) of this Rule.

(e) If an eligible employee gives birth to a child and places the child up for adoption or into foster care, or otherwise legally places the child with another person to serve as the child's parent, the employee shall be entitled to up to four weeks of leave for physical and mental recuperation from the time of the child's birth. Neither a birthing parent nor a non-birthing parent shall be entitled to additional leave for bonding with the child.

(f) If a fetus dies prior to a completed birth, or if a child dies after a completed birth, the following rules shall apply:

(1) If the fetus dies before the conclusion of the 12th week of pregnancy, there is no qualifying event creating an entitlement to paid parental leave under this Rule.

(2) If the fetus dies after the conclusion of the 12th week of pregnancy but prior to a completed birth, an otherwise eligible employee who carried the child shall be entitled to up to four weeks of leave for physical and mental recuperation. Neither a birthing parent nor a non-birthing parent shall be entitled to additional leave for bonding with the child.

(3) If a child dies after a completed birth, an otherwise eligible employee shall be entitled to the same amount of leave to which the employee would be entitled under Paragraphs (c) or (d) of this Rule.

(g) The paid parental leave provided by this Rule shall result in compensation at 100 percent of the eligible employee's regular, straight-time pay.

(h) The paid parental leave provided under this Rule is in addition to any other leave authorized by this Chapter, State or federal law, or policies established by the PSU, provided that the paid parental leave:

(1) Shall not be counted against or deducted from an eligible employee's sick, vacation, bonus, or other accrued leave.

(2) Shall be reported by the PSU separately from all other paid leave.

(3) Shall not accrue and is not eligible for donation to another employee.

(4) Shall not be used for calculating the employee's retirement benefits.

(5) Shall run concurrently with any leave to which the employee may be entitled under the Family and Medical Leave Act, 28 U.S.C. 2601–2654, provided the PSU has complied with the appropriate notice requirements in 29 C.F.R. 825.300.

(i) An eligible employee who requests paid parental leave shall do so in accordance with policies adopted by the employee's PSU, subject to the following:

(1) The paid parental leave may be used any time during the 12 months following a qualifying event on either a continuous or intermittent basis. A PSU shall not deny or delay an employee's request to use paid parental leave, or otherwise require the employee to use the leave on a prescribed schedule, without the employee's consent.

(2) The employee shall provide advanced notice to the PSU of the employee's intent to use paid parental leave in accordance with policies adopted by the PSU. When possible, the employee shall provide notice at least ten weeks in advance of a qualifying event, but under no circumstances shall a PSU require more than ten weeks' notice.

(3) The paid parental leave provided by this Rule may be used only once for a qualifying event within a 12-month period. Multiple births, adoptions, or other legal placements within the same 12-month period shall not entitle an otherwise eligible employee to more than one award of paid parental leave.

(4) If both parents of a child are employed by the same PSU, the PSU shall permit both parents to take paid parental leave simultaneously if they so request, subject to Subparagraphs (1) and (2) of this Paragraph.

(5) An employee shall forfeit any unused paid parental leave 12 months after the date of the qualifying event.

(j) This paid parental leave provided by this Rule applies only to requests for paid parental leave related to qualifying events occurring on or after July 1, 2023. Nothing in this Rule shall prohibit an employer, if authorized, from providing paid parental leave in amounts greater than what is required by this Rule.

History Note: Authority G.S. 115C-12(5); 115C-12(8); 115C-12(16); 115C-272; 115C-285; 115C-302.1; 115C-315; 126-8.6;

Temporary Adoption Eff. October 27, 2023;

Eff. October 1, 2024.

16 NCAC 06C .0409 VACATION LEAVE

(a) In addition to the relevant provisions of Articles 18, 19, 20, 21, and 23 of Chapter 115C of the General Statutes, this Rule shall govern the use of vacation leave by employees of a local board of education ("local board"). The local board may adopt additional policies to govern the use of vacation leave, provided they are consistent with this Rule. Except where otherwise indicated below, "employee" shall include the following:

(1) Superintendents, as provided by G.S. 115C-272.

(2) Principals and Supervisors, as provided by G.S. 115C-285.

(3) Teachers and other instructional personnel, as provided by G.S. 115C-302.1.

(4) Other public school employees, as provided by G.S. 115C-316.

(b) Eligibility for Vacation Leave

(1) A permanent full-time employee who works or is on paid leave (including State holidays and days for which the employee is receiving workers compensation) for at least one half of the workdays in a calendar month shall earn vacation leave based on the employee's length of total state service, as defined in 25 NCAC 01D .0112. The employee shall accrue vacation leave at the same rate as State employees, as set forth in 25 NCAC 01E .0203, subject to the limitations in Subparagraph (b)(3) of this Rule.

(2) A permanent part-time employee who works or is on paid leave (including State holidays and days for which the employee is receiving workers compensation) for at least one half of the workdays in a calendar month shall earn vacation leave on a pro rata basis relative to the amount of leave earned by a permanent full-time employee in the same position classification. A person employed in two or more positions may not earn more leave than that earned by a permanent full-time employee.

(3) The local school administrative unit ("LSAU") shall establish the required daily and weekly work hours for each permanent employee. If a permanent full-time employee works fewer than 40 hours per week, the employee shall earn a percentage of the relevant vacation leave accrual rate that is equivalent to the weekly work hours for the employee as a percentage of a standard 40-hour work week. For example, if the employee works 35 hours per week, or 87.5 percent of a 40-hour work week, then the employee would earn leave at 87.5 percent of the monthly and annual accrual rates listed in Paragraph (a) of this Rule.

(4) An employee who is not eligible to earn vacation leave may not use previously accumulated vacation leave.

(5) A school bus driver who works fewer than 20 hours per week and is not otherwise entitled to earn vacation leave under this Rule shall earn one vacation day (equal in hours to the number of hours in the driver's regular workday) per year if the driver:

(A) Is employed to drive a regular daily route (i.e., is not a substitute driver); and

(B) Was employed as a regular driver during the entire previous school year.

A driver who is dismissed by the local board or resigns before taking the vacation leave day provided

by this Subparagraph shall not receive compensation for that day.

(1) For teachers and instructional personnel who work 10 months per year, the employee must use the first 10 days of accrued available vacation leave each year on days designated by the local board as vacation days in accordance with G.S. 115C- 302.1(c),

(2) A classroom teacher, school media coordinator, or teacher assistant shall not use vacation leave on days in which students are scheduled to be in attendance if the employee would require a substitute, unless the employee:

(A) Does not earn personal leave under G.S. 115C-302.1(d);

(B) Is using the vacation leave to care for a newborn child or a child placed with the employee for adoption or foster care under G.S. 115C-302.1(j); or

(3) An employee who earned vacation leave during the school year, as defined in 16 NCAC 06C .0401(11)(b), shall continue to earn vacation leave during the summer break if the employee works at least 20 hours per week for the same local school administrative unit. If the employee works less than full-time, the employee shall earn leave on a pro rata basis consistent with Subparagraph (a)(2) of this Rule.

(4) An employee who is not eligible to earn vacation leave may not use previously accumulated vacation leave.

(d) An LSAU may advance vacation leave to an employee based on the amount of leave the employee is anticipated to earn in the remainder of the current fiscal year, provided that the LSAU shall assume financial responsibility for any advanced leave not earned at the time the employee separates from employment or at the end of the fiscal year, whichever is earlier.

(e) Except as provided by Paragraph (f) of this Rule, when an employee separates from employment with an LSAU, the LSAU shall pay the employee a lump sum for accumulated vacation leave. The payout shall be calculated using the daily rate of pay based on the employee's salary at the time of separation and shall not exceed the equivalent pay of 30 days. In the case of a deceased employee, the LSAU shall pay the lump sum to the administrator or executor of the deceased employee's estate upon receipt of a valid probate claim.

(f) Transfer of Vacation Leave

(1) An employee may transfer accumulated vacation leave from one LSAU to another LSAU upon transfer of employment, provided that any variance in the number of working hours per day that is considered "full-time" between the new position and the previous position shall not result in an increase or decrease in the total number of vacation leave days available as a result of the transfer. To calculate the equitable value of the transferred leave:

(A) The sending LSAU shall divide the total number of hours of accumulated vacation leave by the number of working hours per day that is considered "full-time" for the departing employee's previous position. This generates a total number of vacation leave days available for transfer to the receiving LSAU.

(B) The receiving LSAU shall then multiply the number of transferred vacation leave days by the number of working hours per day that is considered "full-time" for the incoming employee's new position. This generates the total number of vacation leave hours available for use by the employee in the new position.

(2) An employee may transfer accumulated vacation leave to a State agency or any of the entities listed in 25 NCAC 01E .0309 upon transfer of employment to such agency or entity, if the agency or entity is willing to accept the leave. If the agency or entity is unwilling to accept the leave, the LSAU shall pay the employee for the accumulated leave, up to a maximum of 30 days.

(3) A person employed by such agency or entity may transfer accumulated vacation leave to an LSAU upon transfer of employment to such LSAU if such LSAU is willing to accept the leave and, consistent with Subparagraph (f)(1), any variance in the number of working hours per day that is considered "full-time" between the new position with the LSAU and the previous position with the agency or entity shall not result in an increase or decrease in the total number of leave days available as a result of the transfer.

(4) If, within 31 days of separation from employment with an LSAU, an employee obtains employment with another LSAU or a State agency or entity willing to accept transferred vacation leave, the original LSAU shall transfer any accumulated vacation leave to the new employer in lieu of paying the employee for the leave.

(5) An employee may only transfer accumulated vacation leave from one leave-earning position to another leave-earning position, even if the new position is within the same LSAU.

(g) This Rule shall also govern any bonus vacation leave awarded to an employee pursuant to S.L. 2002-126, Section 28.3A (as amended by S.L. 2002-159, Section 82); S.L. 2003-284, Section 30.12B; or S.L. 2005-276, Section 29.14A, except that the employee shall maintain the leave from year-to-year until it is used or paid out upon separation from employment. Each LSAU shall track bonus vacation leave separately from otherwise earned vacation leave and shall not include it in the 30 days calculated under Paragraph (e) of this Rule.

(h) Each LSAU shall maintain leave records for each of its employees. The LSAU shall inform each employee of the employees leave balances at least once per fiscal year. The LSAU shall retain employee leave records for at least five years from the date of the employee's separation.

History Note: Authority G.S. 115C-12(8),(9),(16); 115C-272; 115C-285; 115C-302.1; 115C-316; 115C-408; S.L. 1997-443, s. 8.6;

Eff. July 1, 2026.

16 NCAC 06C .0411 Sick Leave banks

(a) As used in this Rule, the following definitions shall apply:

(1) "Donor" means an employee donating sick leave to a sick leave bank.

(2) "Eligible recipient" means an employee withdrawing donated sick leave from a sick leave bank who meets the requirements of Paragraph (d) of this Rule.

(3) "Participant" means all donors and recipients participating in the sick leave bank.

(b) A local board of education ("local board") may establish a voluntary shared sick leave bank ("sick leave bank") for its employees, subject to the requirements of this Rule.

(1) A full-time or part-time permanent employee may donate sick leave to the sick leave bank.

(2) A donor shall not, by donating sick leave, reduce their balance of accumulated sick leave time to less than half the amount of leave time that employee would otherwise earn in a school year.

(3) A donor shall not receive any form of compensation for donated sick leave.

(4) The minimum donation of sick leave shall be one half-day.

(d) Eligible Recipients

(1) Eligibility to withdraw sick leave from the sick leave bank shall be limited to full-time and part-time permanent employees who:

(A) Have a serious medical condition that that renders the employee unable to perform the employee's professional duties for a prolonged period, or has an immediate family member with such a condition who requires the employee's continuous supervision and care; and

(B) Have exhausted all other available paid leave except personal leave available under G.S. 115C-302.1(d) and extended sick leave available under 16 NCAC 06C .0402(l).

(2) An employee cannot withdraw sick leave from the sick leave bank for work time for which the employee is receiving disability benefits or workers' compensation benefits.

(3) To withdraw sick leave, an eligible recipient must provide the local school administrative unit ("LSAU") with:

(A) Medical documentation of the serious medical condition, signed by the employee or family member's treating physician; and

(B) An authorization for the treating physician or medical provider to release to the LSAU medical information related to the serious medical condition. The release shall be signed by the employee or immediate family member, or by that person's legal guardian or health care power of attorney.

(4) The local superintendent or designee shall approve or deny each request to withdraw sick leave from the sick leave bank. The local superintendent or designee shall determine how many days of sick leave the recipient may withdraw, provided that the employee may withdraw sick leave for the same condition for more than twelve months from the initial date that the employee used donated leave.

(5) Donated sick leave shall be credited toward the recipient's sick leave balance but shall not count as creditable service toward retirement.

(e) The LSAU shall notify participants of any effect of participation in the sick leave bank on retirement.

(f) The local board shall adopt a policy to govern the sick leave bank and shall direct the LSAU to adopt rules and regulations to implement that policy. In addition to the requirements above, these policies, rules, and regulations may address the following:

(1) Requirements of minimum service to the LSAU and accumulation of a minimum balance of sick leave before an employee may participate in the sick leave bank.

(2) A waiting period before an employee is eligible to withdraw sick leave.

(3) Enrollment periods for current employees and new hires.

(4) Time limits for rejoining the sick leave bank after leaving the bank.

(5) Limitations on the number of days that can be withdrawn from the sick leave bank by any recipient.

(6) A uniform number of days to be contributed to the bank by donors.

(g) The LSAU shall report the following information the State Board of Education ("SBE") by July 1st of each year:

(1) The number of participants in the sick leave bank, itemized by position classification.

(2) The number of sick days withdrawn from the sick leave bank.

(3) The total cost of the withdrawn sick leave.

(4) Any other data requested by the SBE to ensure compliance with this Rule and other state and federal financial rules.

History Note: Authority G.S. 115C-12(8); 115C-336(b);

Eff. July 1, 2026.

SECTION .0500 – PERFORMANCE APPRAISAL SYSTEM

16 NCAC 06C .0501 GENERAL PROVISIONS

(a) Each LEA shall provide for the evaluation of all professional employees pursuant to G.S. 115C-333. The LEA shall base this evaluation upon performance standards and criteria contained in this Rule unless the LEA shall adopt an alternative evaluation pursuant to G.S. 115C-333(a). LEAs may adopt additional standards and criteria that are not in conflict with those adopted by the SBE, the General Statutes, or with this Section.

(b) The person to whom an employee reports as designated in the job description, or that person’s designee as approved by the superintendent, shall evaluate the employee.

(c) The LEA shall inform all personnel of their job descriptions and the performance standards and criteria applicable to their position at the time of employment or the beginning of the school year.

(d) The process for evaluating professional public school employees shall be as follows:

(1) All initially licensed and probationary status teachers shall have three observations conducted by a school administrator and one by a teacher and a summative appraisal conducted on an annual basis.

(2) All teachers who have less than four years of public school teaching experience shall be evaluated using the current teacher performance appraisal instrument unless the local board of education shall adopt an alternative evaluation instrument for these teachers that is validated, that reflects the performance standards and criteria contained in this Rule, and that addresses improving student achievement and employee skills and knowledge.

(3) Local school administrative units may conduct more than three observations for personnel identified by the local school administrative unit as requiring more frequent observations.

(e) Each LEA shall provide orientation on the performance appraisal process to its personnel.

(f) The performance appraisal shall address the following criteria:

(1) a basis for self-improvement by professional personnel;

(2) data for planning staff development activities for personnel at the school, administrative unit, regional and state levels; and

(3) data for employment decisions.

(g) Each person may place written comments regarding the evaluation on their performance appraisal instruments.

(h) Each LEA shall adopt a rating scale for the evaluation or use the following scale:

(1) Unsatisfactory. Performance is consistently inadequate or unacceptable and most practices require considerable improvement to minimum performance expectations. Teacher requires close and frequent supervision in the performance of all responsibilities.

(2) Below Standard. Performance is sometimes inadequate or unacceptable and needs improvement. Teacher requires supervision and assistance to maintain an adequate scope of competencies, and sometimes fails to perform additional responsibilities as assigned.

(3) At Standard. Performance is consistently adequate or acceptable. Teaching practices fully meet all performance expectations at an acceptable level. Teacher maintains an adequate scope of competencies and performs additional responsibilities as assigned.

(4) Above Standard. Performance is consistently high. Teaching practices are demonstrated at a high level. Teacher seeks to expand scope of competencies and undertakes additional appropriate responsibilities.

History Note: Authority G.S. 115C-333;

Eff. July 1, 1986;

Amended Eff. April 1, 2001; September 1, 1999.

16 NCAC 06C .0502 HEARINGS UNDER G.S. 115C-325(J) AND (J3)

In hearings conducted by a case manager under G.S. 115C-325(j) and by a local board of education under G.S. 115C-325(j3), the superintendent shall:

(1) provide the facility in which the hearing is to be conducted; and

(2) employ a certified court reporter to record and if requested to transcribe the proceedings.

History Note: Authority G.S. 115C-325(j)(2);

Eff. July 1, 1986;

Temporary Amendment Eff. October 10, 1997;

Amended Eff. March 15, 1999.

16 NCAC 06C .0503 TEACHER EVALUATION PROCESS

(a) The intended purpose of the North Carolina Teacher Evaluation Process is to assess the teacher's performance in relation to the North Carolina Professional Teaching Standards and to design a plan for professional growth. The principal or a designee (hereinafter "principal") shall conduct the evaluation process in which the teacher shall participate through the use of self-assessment, reflection, presentation of artifacts, and classroom demonstration(s).

(b) A local board of education shall use the North Carolina Professional Teaching Standards and North Carolina Teacher Evaluation Process unless it develops an alternative evaluation that is properly validated and that includes standards and criteria similar to those in the North Carolina Professional Teaching Standards and North Carolina Teacher Evaluation Process.

(1) Training. Before participating in the evaluation process, all teachers, principals and peer evaluators must complete training on the evaluation process.

(2) Orientation. Within two weeks of a teacher's first day of work in any school year, the principal shall provide the teacher with a copy of or directions for obtaining access to a copy of:

(A) The Rubric for Evaluating North Carolina Teachers (16 NCAC 06C .0504);

(B) This policy; and

(3) Teacher Self Assessment. Using the Rubric for Evaluating North Carolina Teachers, the teacher shall rate his or her own performance at the beginning of the year and reflect on his or her performance throughout the year.

(4) Pre-Formal Observation Conference. Before the first formal observation, the principal shall meet with the teacher to discuss the teacher's self-assessment based on the Rubric for Evaluating North Carolina Teachers, the teacher's most recent professional growth plan, and the lesson(s) to be observed. The teacher shall provide the principal with a written description of the lesson(s). The goal of this conference is to prepare the principal for the observation. Pre-Observation conferences are not required for subsequent observations.

(5) Observations.

(A) A formal observation shall last at least 45 minutes.

(B) Probationary Teachers shall have at least three formal observations conducted by the principal and one formal observation conducted by a peer.

(C) Career Status Teachers shall be evaluated annually, unless the LEA establishes a different evaluation cycle for career teachers. During the year in which a career status teacher participates in a summative evaluation, the principal shall conduct at least three observations, including at least one formal observation. During observations, the principal and peer (in the case of a probationary teacher) shall note the teacher's performance in relationship to the applicable Standards on the Rubric for Evaluating North Carolina Teachers.

(6) Post-Observation Conference. The principal shall conduct a post-observation conference no later than ten school days after each formal observation. During the post-observation conference, the principal and teacher shall discuss and document on the Rubric the strengths and weaknesses of the teacher's performance during the observed lesson.

(7) Summary Evaluation Conference and Scoring the Teacher Summary Rating Form. Prior to the end of the school year and in accordance with LEA timelines, the principal shall conduct a summary evaluation conference with the teacher. During the summary evaluation conference, the principal and teacher shall discuss the teacher's self-assessment, the teacher's most recent Professional Growth Plan, the components of the North Carolina Teacher Evaluation Process completed during the year, classroom observations, artifacts submitted or collected during the evaluation process and other evidence of the teacher's performance on the Rubric. At the conclusion of the North Carolina Teacher Evaluation Process, the principal shall:

(A) Give a rating for each Element in the Rubric;

(B) Make a written comment on any Element marked "Not Demonstrated";

(D) Provide the teacher with the opportunity to add comments to the Teacher Summary Rating Form;

(E) Review the completed Teacher Summary Rating Form with the teacher; and

(F) Secure the teacher's signature on the Record of Teacher Evaluation Activities and Teacher Summary Rating Form.

(8) Professional Development Plans.

(A) Individual Growth Plans: Teachers who are rated at least "Proficient" on all the Standards on the Teacher Summary Rating Form shall develop an Individual Growth Plan designed to improve performance on specifically identified Standards and Elements.

(B) Monitored Growth Plans: A teacher shall be placed on a Monitored Growth Plan whenever he or she is rated "Developing" on one or more Standards on the Teacher Summary Rating Form and is not recommended for dismissal, demotion or nonrenewal. A Monitored Growth Plan shall, at a minimum, identify the Standards and Elements to be improved, the goals to be accomplished and the activities the teacher shall undertake to achieve Proficiency, and a timeline which allows the teacher one school year to achieve Proficiency. A Monitored Growth Plan that meets those criteria shall be deemed to satisfy the requirements of G.S. 115C-333(b).

(C) Directed Growth Plans: A teacher shall be placed on a Directed Growth Plan whenever he or she is rated "Not Demonstrated" on any Standard on the Teacher Summary Rating Form or "Developing" on one or more Standards on the Teacher Summary Rating Form for two sequential years and is not recommended for dismissal, demotion or nonrenewal. The Directed Growth Plan shall, at a minimum, identify the Standards and Elements to be improved, the goals to be accomplished, the activities the teacher shall complete to achieve Proficiency, a timeline for achieving Proficiency within one school year or such shorter time as determined by the LEA. A Directed Growth Plan that meets those criteria shall be deemed to satisfy the requirements of G.S. 115C-333(b).

(9) Effective Dates and Effect on Licensing and Career Status. Effective with the 2008-2009 school year, LEAs may evaluate teachers using this policy. Effective with the 2010-2011 school year, all teachers in North Carolina shall be evaluated using this policy unless a local board develops an alternative evaluation that is properly validated and that includes standards and criteria similar to those in the North Carolina Professional Teaching Standards and North Carolina Teacher Evaluation Process in which case the local board shall use that instrument.

(d) Beginning Teachers: Effective 2010-2011, beginning teachers must be rated "Proficient" on all five North Carolina Professional Teaching Standards on the most recent Teacher Summary Rating Form in order to be eligible for the Standard Professional 2 License.

(e) Probationary Teachers: Effective 2010-2011, a principal must rate a probationary teacher as "Proficient" on all five North Carolina Professional Teaching Standards on the most recent Teacher Summary Rating Form before recommending that teacher for career status.

History Note: Authority G.S. 115C-333; N.C. Constitution, Article IX, Sec. 5;

Eff. May 1, 2009.

16 NCAC 06C .0504 RUBRIC FOR EVALUATING TEACHERS

(a) Teachers shall be evaluated on the following Standards and Elements:

(1) Elements of Standard 1: Teachers demonstrate leadership.

(A) Teachers lead in their classrooms. Teachers demonstrate leadership by taking responsibility for the progress of all students to ensure that they graduate from high school, are globally competitive for work and postsecondary education, and are prepared for life in the 21^st century. Teachers communicate this vision to their students. Using a variety of data sources, they organize, plan, and set goals that meet the needs of the individual student and the class. Teachers use various types of assessment data during the school year to evaluate student progress and to make adjustments to the teaching and learning process. They establish a safe, orderly environment, and create a culture that empowers students to collaborate and become lifelong learners.

(B) Teachers demonstrate leadership in the school. Teachers work collaboratively with school personnel to create a professional learning community. They analyze and use local, state, and national data to develop goals and strategies in the school improvement plan that enhances student learning and teacher working conditions. Teachers provide input in determining the school budget and in the selection of professional development that meets the needs of students and their own professional growth. They participate in the hiring process and collaborate with their colleagues to mentor and support teachers to improve the effectiveness of their departments or grade levels.

(C) Teachers lead the teaching profession. Teachers strive to improve the teaching profession. They contribute to the establishment of positive working relationships in the school. They actively participate in and advocate for the decision-making structures in education and government that take advantage of the expertise of teachers. Teachers promote professional growth for all educators and collaborate with colleagues to improve the profession.

(D) Teachers advocate for schools and students. Teachers advocate for positive change in policies and practices affecting student learning. Teachers participate in the implementation of initiatives to improve the education of students.

(E) Teachers demonstrate high ethical standards. Teachers demonstrate ethical principles including honesty, integrity, fair treatment, and respect for others. Teachers uphold the Code of Ethics for North Carolina Educators and the Standards for Professional Conduct.

(2) Elements of Standard 2: Teachers establish a respectful environment for a diverse population of students.

(A) Teachers provide an environment in which each child has a positive, nurturing relationship with caring adults. Teachers provide an environment for student learning that is inviting, respectful, supportive, inclusive, and flexible.

(B) Teachers embrace diversity in the school community and in the world. Teachers demonstrate their knowledge of the history of diverse cultures and their role in shaping global issues. Teachers actively select materials and develop lessons that counteract stereotypes and incorporate histories and contributions of all cultures. Teachers recognize the influence of race, ethnicity, gender, religion, and other aspects of culture on a student's development and personality. Teachers strive to understand how a student's culture and background may influence his or her school performance. Teachers consider and incorporate different points of view in their instruction.

(C) Teachers treat students as individuals. Teachers maintain high expectations, including graduation from high school, for students of all backgrounds. Teachers appreciate the differences and value the contribution of each student in the learning environment by building positive, appropriate relationships.

(D) Teachers adapt their teaching for the benefit of students with special needs. Teachers collaborate with the range of support specialists to help meet the special needs of all students. Through inclusion and other models of effective practice, teachers engage students to ensure that their needs are met.

(E) Teachers work collaboratively with the families and significant adults in the lives of their students. Teachers recognize that educating children is a shared responsibility involving the school, parents or guardians, and the community. Teachers improve communication and collaboration between the school, the home, and the community in order to promote trust and understanding and build partnerships with all segments of the school community. Teachers seek solutions to overcome cultural and economic obstacles that may stand in the way of effective family and community involvement in the education of their students.

(3) Elements of Standard 3: Teachers know the content they teach.

(A) Teachers align their instruction with the North Carolina Standard Course of Study. Teachers investigate the content standards developed by professional organizations in their specialty area. Teachers develop and apply strategies to make the curriculum rigorous and relevant for all students and provide a balanced curriculum that enhances literacy skills. Elementary teachers have explicit and thorough preparation in literacy instruction. Middle and high school teachers incorporate literacy instruction within the content area or discipline.

(B) Teachers know the content appropriate to their teaching specialty. Teachers bring a richness and depth of understanding to their classrooms by knowing their subjects beyond the content they are expected to teach and by directing students' natural curiosity into an interest in learning. Elementary teachers have broad knowledge across disciplines. Middle school and high school teachers have depth in one or more specific content areas or disciplines.

(C) Teachers recognize the interconnectedness of content areas/disciplines. Teachers know the links and vertical alignment of the grade or subject they teach and the North Carolina Standard Course of Study. Teachers understand how the content they teach relates to other disciplines in order to deepen understanding and connect learning for students. Teachers promote global awareness and its relevance to subjects they teach.

(D) Teachers make instruction relevant to students. Teachers incorporate 21st century life skills into their teaching deliberately, strategically, and broadly. These skills include leadership, ethics, accountability, adaptability, personal productivity, personal responsibility, people skills, self-direction, and social responsibility. Teachers help their students understand the relationship between the North Carolina Standard Course of Study and 21st century content, which includes global awareness; financial, economic, business and entrepreneurial literacy; civic literacy; and health awareness.

(4) Elements of Standard 4: Teachers facilitate learning for their students.

(A) Teachers know the ways in which learning takes place, and they know the appropriate levels of intellectual, physical, social, and emotional development of their students. Teachers know how students think and learn. Teachers understand the influences that affect individual student learning (i.e. development, culture and language proficiency) and differentiate their instruction accordingly. Teachers keep abreast of evolving research about student learning. They adapt resources to address the strengths and weaknesses of their students.

(B) Teachers collaborate with their colleagues and use a variety of data sources for short and long range planning based on the North Carolina Standard Course of Study. These plans reflect an understanding of how students learn. Teachers engage students in the learning process. They understand that instructional plans must be consistently monitored and modified to enhance learning. Teachers make the curriculum responsive to cultural differences and individual learning needs.

(C) Teachers use a variety of instructional methods. Teachers choose the methods and techniques that are most effective in meeting the needs of their students as they strive to eliminate achievement gaps. Teachers employ a wide range of techniques including information and communication technology, learning styles, and differentiated instruction.

(D) Teachers integrate and utilize technology in their instruction. Teachers know when and how to use technology to maximize student learning. Teachers help students use technology to learn content, think critically, solve problems, discern reliability, use information, communicate, innovate, and collaborate.

(E) Teachers help students develop critical-thinking and problem-solving skills. Teachers encourage students to ask questions; think creatively; develop and test innovative ideas; synthesize knowledge and draw conclusions. They help students exercise and communicate sound reasoning; understand connections; make complex choices; and frame, analyze, and solve problems.

(F) Teachers help students work in teams and develop leadership qualities. Teachers teach the importance of cooperation and collaboration. They organize learning teams in order to help students define roles, strengthen social ties, improve communication and collaborative skills, interact with people from different cultures and backgrounds, and develop leadership qualities.

(G) Teachers communicate effectively. Teachers communicate in ways that are clearly understood by their students. They are perceptive listeners and are able to communicate with students in a variety of ways even when language is a barrier. Teachers help students articulate thoughts and ideas clearly and effectively.

(H) Teachers use a variety of methods to assess what each student has learned. Teachers use multiple indicators, including formative and summative assessments, to evaluate student progress and growth as they strive to eliminate achievement gaps. Teachers provide opportunities, methods, feedback, and tools for students to assess themselves and each other. Teachers use 21st century assessment systems to inform instruction and demonstrate evidence of students' 21st century knowledge, skills, performance, and dispositions.

(5) Elements of Standard 5: Teachers reflect on their practice.

(A) Teachers analyze student learning. Teachers think systematically and critically about student learning in their classrooms and schools as to why learning happens and what can be done to improve achievement. Teachers collect and analyze student performance data to improve school and classroom effectiveness. They adapt their practice based on research and data to best meet the needs of students.

(B) Teachers link professional growth to their professional goals. Teachers participate in continued, high quality professional development that reflects a global view of educational practices; includes 21st century skills and knowledge; aligns with the State Board of Education priorities; and meets the needs of students and their own professional growth.

(C) Teachers function effectively in a complex, dynamic environment. Understanding that change is constant, teachers actively investigate and consider new ideas that improve teaching and learning. They adapt their practice based on research and data to best meet the needs of their students.

(b) For each Standard and Element, the teacher's performance shall be identified as:

(1) Developing. Teacher demonstrated adequate growth toward achieving standard(s) during the period of performance, but did not demonstrate competence on standard(s) of performance.

(2) Proficient. Teacher demonstrated basic competence on standard(s) of performance.

(3) Accomplished. Teacher exceeded basic competence on standard(s) of performance most of the time.

(4) Distinguished. Teacher consistently and significantly exceeded basic competence on standard(s) of performance.

(5) Not Demonstrated. Teacher did not demonstrate competence on or adequate growth toward achieving standard(s) of performance. (Note: If the "Not Demonstrated" rating is used, the principal must comment about why such rating was used.)

History Note: Authority G.S. 115C-333; N.C. Constitution, Article IX, Sec. 5;

Eff. May 1, 2009.

SECTION .0600 – standards of professional conduct and educator discipline

16 NCAC 06C .0601 DEFINITIONS

As used in this Section, the following definitions apply:

(1) "Child" means a person under the age of 16.

(2) "Convicted" or "conviction" means any of the following:

(a) A plea of guilty.

(b) A plea of no contest, nolo contendere, or the equivalent.

(c) A verdict or finding of guilty by a jury, judge, magistrate, or other duly constituted adjudicatory body, tribunal, or official, either civilian or military.

(3) "License" means a professional educator license issued by the Department of Public Instruction in accordance with this Subchapter and Chapter 115C, Article 17E of the General Statutes.

(4) "Local superintendent" means the superintendent of a local school administrative unit, as provided in Chapter 115C, Article 18 of the General Statutes, or the staff member with the highest decision-making authority for a PSU, if there is no superintendent.

(5) "Respondent" means a person who currently holds a license or who has applied for a license.

(6) "Student" means a person enrolled in pre-kindergarten, kindergarten, or in Grade 1 through Grade 12 in any public school unit, or who has been enrolled in a public school unit within six months of an alleged violation of these Standards.

History Note: Authority G.S. 115C-12(9); 115C-270.1; 115C-270.5; 115C-307;

Eff. April 1, 1998;

Temporary Amendment Eff. April 5, 2024;

Readopted Eff. July 1, 2025.

16 NCAC 06C .0602 STANDARDS OF PROFESSIONAL CONDUCT

This Rule establishes uniform Standards of Professional Conduct ("Standards") for professional educators in North Carolina, which apply to all persons who hold a professional educator license issued pursuant to this Subchapter and Chapter 115C, Article 17E of the General Statutes. These Standards shall be the basis for reviewing the performance of professional educators by the State Board of Education. Violation of these Standards shall be grounds for disciplinary sanctions against a professional educator's license as provided in this Section.

(1) Generally Recognized Professional Standards. The educator shall adhere to and practice the professional standards of all federal, state, and local governing bodies with public education oversight.

(2) Conduct with Students. The educator shall treat all students with respect and maintain appropriate professional boundaries with all students, regardless of whether that student is directly under the care or supervision of the educator. Specifically, the educator shall not engage in any of the following conduct toward or in the presence of a student:

(a) Use of profane, vulgar, or demeaning language.

(b) Intentional or reckless exposure of students to profane, vulgar, or sexually explicit material except as part of age-appropriate classroom instruction or other pedagogical practice.

(c) Solicitation, encouragement, or consummation of a romantic, physical, or sexual relationship with a student in any form, whether written, verbal, or physical. As used in this context, "solicitation" or "encouragement" shall include engaging in a pattern of flirtatious behavior; efforts to gain access to, or time alone with, a student with no clear educational or school-related objective; provision of individualized or specialized treatment, including tangible or monetary gifts, to a student that does not comply with generally recognized professional standards for educators; or any other behavior that could be perceived by a rational observer as excessively personal or intimate in the context of the educator-student relationship.

(d) Solicitation, encouragement, or consummation of sexual contact with a student.

(e) Sexual harassment, as defined in 34 C.F.R. 106.30(a).

(f) Child abuse, as defined in G.S. 14-318.2 or G.S. 14-318.4.

(3) Alcohol and Controlled Substances. The educator shall not be under the influence of, possess, use, or consume an alcoholic beverage or a controlled substance, as defined in G.S. 90-95, on school premises, at a school-sponsored activity, or when otherwise discharging the educator's professional duties, unless the educator has a prescription from a licensed medical professional authorizing such use. The educator shall not furnish alcoholic beverages or controlled substances to a student, except for the administration of medication prescribed by a licensed medical professional in accordance with the educator's professional duties.

(4) Honesty. The educator shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of the educator's professional duties, including the following:

(a) statements or representations of professional qualifications;

(b) application or recommendation for professional employment, promotion, or licensure;

(c) applications or recommendations for college or university admission, scholarship, grant, academic award, or similar benefit;

(d) statements or representations of completion of college or staff development credit;

(e) evaluation or grading of students or school personnel;

(f) submission of financial or program compliance reports submitted to state, federal, or other governmental agencies;

(g) submission of information in the course of an official inquiry by the SBE or the educator's employing PSU into allegations of professional misconduct, provided that an educator shall be given adequate notice of the allegations and may be represented by legal counsel; and

(h) submission of information in the course of an investigation into school related criminal activity by a law enforcement agency, child protective services, or any other agency with the authority to investigate, provided that an educator may decline to provide information to law enforcement if such evidence could incriminate the educator in violation of the educator's rights under the United States Constitution or North Carolina Constitution.

(5) Compliance with Criminal Laws. The educator shall not violate the criminal laws of this State, the United States, or any other state or territory under the jurisdiction of the United States.

(6) Proper Remunerative Conduct. The educator shall not solicit current students or parents of students to purchase equipment, supplies, or services from the educator in a private remunerative capacity. An educator shall not tutor for remuneration students currently assigned to the educator's classes, unless approved by the local superintendent. An educator shall not accept any compensation, benefit, or thing of value other than the educator's regular compensation for the performance of any service that the educator is required to render in the course and scope of the educator's employment. This Rule shall not restrict performance of any overtime or supplemental services at the request of the PSU, nor shall it restrict the acceptance of gifts from students, parents, or other persons in recognition or appreciation of the educator's professional service, provided the gift is given and received freely, openly, and without expectation of favor or advantage to the donor in return.

(7) Confidential Information. The educator shall keep confidential all personally identifiable information regarding students or their family members that the educator has obtained in the course of professional service, unless disclosure is required or permitted by law or is necessary for the personal safety of the student or others.

(8) Rights of Others. The educator shall not willfully or maliciously violate the constitutional or civil rights of a student, parent or legal guardian, or colleague.

(9) Required Reports. The educator shall make all reports required by Chapter 115C of the General Statutes.

(10) Public Funds and Property. The educator shall not misuse public funds or property or any funds belonging to an organization affiliated with the school or PSU. The educator shall account for funds collected from students, colleagues, parents, or legal guardians of students. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay.

(11) Scope of Professional Practice. The educator shall not perform any professional duty or function for which licensure is required by this Chapter or by Chapter 115C of the General Statutes during any period in which the educator's license is suspended or revoked.

(12) Abuse of Authority. The educator shall not directly or indirectly use or threaten to use any official authority or influence in any manner that discourages, restrains, coerces, interferes with, or discriminates against any subordinate or any licensee who in good faith reports or otherwise brings to the attention of a PSU, the SBE, or any other public agency authorized to take remedial action, any facts or information relative to the actual or suspected violation of any law or rule regulating the duties of persons serving in the public school system, including those established by this Section.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-307;

Eff. May 1, 1998;

Temporary Amendment Eff. June 6, 2024;

Readopted Eff. July 1, 2025.

16 NCAC 06C .0603 INVESTIGATION OF ALLEGED MISCONDUCT BY A LICENSED PROFESSIONAL EDUCATOR OR LICENSE APPLICANT

(a) Upon receipt of allegations and substantiating information regarding a respondent that would provide cause for imposing disciplinary sanctions on a licensee or denying an application for a license under Rule .0604 of this Section, the Superintendent of Public Instruction shall investigate the allegations to determine if such action is warranted. The Superintendent shall investigate allegations or information from any source in a position to provide such information, including a PSU, State agency, court or other tribunal, or other credible person or institution. The Superintendent shall also consider information disclosed by a license applicant in the application.

(b) The Superintendent is authorized to utilize the power conferred upon the State Board of Education under G.S. 115C-270.35(e), including the power to subpoena documents, secure witness testimony, or hire investigators, for the purpose of conducting investigations under this Rule.

(c) If the Superintendent finds cause to impose disciplinary sanctions on a licensee or deny a license application for any of the reasons described in Rule .0604 of this Section, the Superintendent shall prepare a proposed order containing findings of fact, conclusions of law, and the proposed sanction(s) or denial.

(d) The Superintendent shall provide the respondent with a copy of the proposed order and notify the respondent that the proposed sanctions or denial described in the order shall become final unless the respondent commences an administrative proceeding under Chapter 150B, Article 3 of the General Statutes within 60 days of the notice. The Superintendent shall send the notice via electronic mail and certified mail to the latest addresses provided to the SBE, and the 60-day time limitation shall commence on the date of electronic delivery or placement of the notice in an official depository of the United States Postal Service, whichever is earlier, in accordance with G.S. 150B-23(f).

(e) If the respondent commences administrative proceedings, the SBE shall stay the proposed order until receipt of a final decision or order under G.S. 150B-34. If the respondent does not commence proceedings within the 60-day time limitation, the proposed order shall become final, and the Superintendent shall take all necessary actions to enforce the order.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.30; 115C-270.35; 150B-22; 150B-23;

Temporary Adoption Eff. April 5, 2024;

Eff. July 1, 2025.

16 NCAC 06C .0604 DENYING A LICENSE OR SANCTIONING A LICENSEE

(a) The State Board of Education may, following an investigation in accordance with Rule .0603 of this Section, impose disciplinary sanctions on a person who holds a license issued by the Department of Public Instruction or deny an application for any such license if the SBE finds, by a preponderance of the evidence, that the respondent has done any of the following:

(1) Engaged in fraud, material misrepresentation, or concealment in an application for the license.

(2) Become ineligible for the license due to changes or corrections in the license documentation.

(3) Been convicted of a crime in any state, federal, or territorial court of the United States, including military tribunals.

(4) Been dismissed by a local board of education, pursuant to G.S. 115C-325(e)(1) or 115C-325.4, or by the governing body of any other PSU.

(5) Resigned from employment with a PSU without thirty calendar days' notice, except with the prior consent of the local superintendent.

(6) Had a professional educator license or other occupational license revoked or suspended in North Carolina or another state due to a finding of misconduct by the relevant occupational licensing board or agency.

(7) Failed to report suspected child abuse in accordance with G.S. 115C-400 or other suspicion of professional misconduct by a licensed employee in accordance with Rule .0608 of this Section.

(8) Violated the Testing Code of Ethics, codified at 16 NCAC 06D .0311.

(9) Engaged in any other illegal, unethical, or lascivious conduct, or otherwise violated the Standards of Professional Conduct as described in Rule .0602 of this Section.

(b) When deciding whether to impose disciplinary sanctions or deny an application for a license, the SBE shall consider the following factors:

(1) The existence of a reasonable and adverse relationship between the underlying misconduct and the ability of the respondent to perform the respondent's professional duties as an educator.

(2) The severity of the misconduct.

(3) The impact of the misconduct on students, other educators, and the school community.

(4) The respondent's degree of culpability in the misconduct.

(5) The degree of remorse exhibited by the respondent for the misconduct.

(6) Any evidence of reformed behavior on the part of the respondent.

(7) Subsequent incidents of misconduct by the respondent or the probability of future misconduct.

(c) If the SBE determines that sanctions against a current licensee are warranted, it shall impose sanctions in accordance with Rule .0605 of this Section.

History Note: Authority G.S. 115C-12(9); 115C-174.11; 115C-174.12; 115C-270.5; 115C-270.30; 115C-270.35; 150B-22; 150B-23;

Temporary Adoption Eff. April 5, 2024;

Eff. July 1, 2025.

16 NCAC 06C .0605 DISCIPLINARY SANCTIONS

(a) Upon finding of a basis for imposing disciplinary sanctions against a respondent under Rule .0604 of this Section following an investigation under Rule .0603 of this Section, the State Board of Education may impose any of the following sanctions:

(1) Written Warning;

(2) Written Reprimand;

(3) Suspension for a Defined Term; or

(4) Revocation.

(b) In addition to one of the sanctions listed in Paragraph (a) of this Rule, the SBE may impose additional conditions upon a respondent—including requirements that the respondent complete additional continuing education credits beyond those required by G.S. 115C-270.30, community service hours, or other activities—if the purpose of the condition is remedial, relevant to the misconduct giving rise to the sanction, and designed to reduce the possibility of recidivism.

(c) Notwithstanding Rule .0603 of this Section or Paragraph (a) of this Rule, the SBE shall summarily suspend the license of a respondent if the SBE finds that the public health, safety, or welfare requires emergency action and incorporates those findings in the order prepared in accordance with Rule .0603 of this Section. A finding that a respondent has been charged in the General Court of Justice with any crime, the conviction for which would result in automatic revocation of the respondent's license under G.S. 115C-270.35(b), shall be considered prima facie evidence in satisfaction of this Paragraph. Following the summary suspension, the SBE shall promptly commence a disciplinary investigation and proceedings in accordance with Rules .0603 and .0604 of this Section.

(d) The Department of Public Instruction shall, upon expiration of the 60-day time limitation described in Rule .0603(e) of this Section, publish the sanction and a brief description of the basis for the sanction on its website and report it to the National Association of State Directors of Teacher Education and Certification, except that this requirement shall not apply to a Written Warning. DPI shall not disclose any information related to the sanction that is considered confidential under Chapter 115C, Article 21A of the General Statutes or is otherwise protected from disclosure under State or federal law.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.30; 115C-270.35; 150B-3; 150B-22; 150B-23;

Temporary Adoption Eff. April 5, 2024;

Eff. July 1, 2025.

16 NCAC 06C .0606 VOLUNTARY SURRENDER OF A LICENSE

(a) An individual licensed under Chapter 115C, Article 17E of the General Statutes may notify the State Board of Education in writing of the individual's intention to voluntarily surrender the individual's license to the SBE.

(b) The SBE may accept the voluntary surrender of a license in lieu of pursuing revocation of the license if, following an investigation in accordance with Rule .0603 of this Section, the SBE determines that the surrender of the license will not compromise public safety. The Superintendent of Public Instruction shall prepare a proposed order containing findings of fact and conclusions of law demonstrating that circumstances exist that would justify pursuing revocation of the respondent's license. The Superintendent shall provide the respondent with a copy of the proposed order and notify the respondent that the respondent's license will be revoked within 10 days of the notice. The Superintendent shall send the notice via electronic mail and certified mail to the latest addresses provided to the SBE.

(c) The Department of Public Instruction shall, upon expiration of the 10-day time limitation described in Paragraph (b) of this Rule, publish the revocation and a brief description of the basis for the revocation on its website and report it to the National Association of State Directors of Teacher Education and Certification. DPI shall not disclose any information related to the revocation that is considered confidential under Chapter 115C, Article 21A of the General Statutes or is otherwise protected from disclosure under State or federal law.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.30; 115C-270.35; 150B-22; 150B-23;

Temporary Adoption Eff. April 5, 2024;

Eff. July 1, 2025.

16 NCAC 06C .0607 REINSTATEMENT OF OR RECONSIDERATION FOR A LICENSE

(a) An individual whose license has been revoked or whose application for a license has been denied under this Section may petition for reinstatement of the revoked license or reconsideration of the license application no sooner than 12 months after the effective date of the revocation or denial.

(b) The petitioner shall submit a petition to the State Board of Education in writing that includes a statement describing why the circumstances that led to the revocation or denial do not or no longer justify prohibiting the respondent from holding a license.

(c) The SBE may deny the petition, grant the petition, or grant the petition on a probationary basis. If the SBE grants the petition on a probationary basis, the petitioner's license status shall be subject to review by the SBE one year from the date that the license is granted, and the petitioner shall comply with any conditions the SBE may impose.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.30; 115C-270.35; 150B-22; 150B-23;

Temporary Adoption Eff. April 5, 2024;

Eff. July 1, 2025.

16 NCAC 06C .0608 REPORTING REQUIREMENTS FOR PSU ADMINISTRATORS

(a) For purposes of this Rule, the following definitions apply:

(1) "Administrator" means a superintendent, associate superintendent, assistant superintendent, personnel administrator, principal, school director, or head of school employed by a PSU.

(2) "Misconduct" means either:

(A) Conduct that justifies automatic revocation of a license under G.S. 115C-270.35(b);

(B) Conduct that has resulted in a criminal charge or indictment for any of the crimes listed in G.S. 115C-270.35(b); or

(C) Conduct involving the physical or sexual abuse of a child or a student. "Physical abuse" means the infliction of physical injury other than by accident or in self-defense. "Sexual abuse" means any sexual contact with a child or student, regardless of the presence or absence of consent.

(b) In addition to any duty to report suspected child abuse under G.S. 115C-400 or other provision of law, any administrator who knows, has reason to believe, or has actual notice of a complaint that a professional educator licensed under Chapter 115C, Article 17E of the General Statutes has engaged in misconduct, as defined in Subparagraph (a)(2) of this Rule, that results in the suspension without pay, termination of employment, non-renewal of the employment contract, or resignation of the educator shall report the misconduct in writing to the State Board of Education within five calendar days of the dismissal, suspension, nonrenewal, or acceptance of the educator's resignation by the governing body of the PSU or its authorized designee. If an educator resigns within 30 days of a complaint for misconduct or during an ongoing investigation of a complaint, the alleged misconduct is presumed to have resulted in the resignation.

(c) If a PSU governing body or its authorized designee demotes, dismisses, declines to renew the employment contract of, or accepts the resignation of a professional educator licensed under Chapter 115C, Article 17E of the General Statutes as a result of conduct that is not covered by Paragraph (b) of this Rule but that may otherwise justify disciplinary sanctions against the educator under Rule .0604 of this Section, an administrator for the PSU shall report the conduct in writing to the SBE within 30 calendar days of the demotion, dismissal, nonrenewal, or acceptance of the educator's resignation by the governing body of the PSU or its authorized designee.

(d) If one administrator submits a single report on behalf of the PSU pursuant to the requirements of this Rule, that report shall satisfy the reporting obligations of all administrators who may have reporting obligations under this Rule or under G.S. 115C-326.20.

(e) If a PSU terminates the employment of an educator, does not renew the educator's contract, or accepts the educator's resignation for any reason that may require a report under this Rule, an administrator for the PSU shall notify the educator of the reporting requirement upon separation from employment.

(f) In accordance with G.S. 115C-13 and notwithstanding Chapter 115C, Article 21A of the General Statutes, local boards of education and their officers and employees shall provide to the SBE or the Superintendent of Public Instruction, upon request, all personnel records and other investigative records associated with any educator reported to the SBE pursuant to this Rule. This provision does not apply to communications between an attorney and the local board or its officers or employees that is subject to attorney-client privilege.

History Note: Authority G.S. 115C-12(9); 115C-270.5; 115C-270.30; 115C-270.35; 115C-326.20; 150B-22; 150B-23;

Temporary Adoption Eff. April 5, 2024;

Eff. July 1, 2025.

16 NCAC 06C .0610 CRIMINAL HISTORY CHECKS

(a) When reporting the results of criminal history checks to the State Board of Education under G.S. 115C-332(e), a local board of education shall follow the reporting requirements set forth in 16 NCAC 06C .0608.

(b) If the local board of education of the local school administrative unit in which a charter school is located has adopted a policy requiring criminal history checks consistent with G.S. 115C-332, the board of directors of the charter school shall report the results of a criminal history check for a licensed professional educator under its employment to the State Board of Education in accordance with 16 NCAC 06C .0608.

History Note: Authority G.S. 115C-12(18); 115C-218.90; 115C-270.35; 115C-332; 115C-326.20;

Eff. July 1, 2026.

16 NCAC 06C .0701 Model Employment Contract for Teachers

History Note: Authority Session Law 2013-360, Sec. 9.6(e); N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Adoption Expired Eff. September 17, 2020.

SUBCHAPTER 06D ‑ INSTRUCTION

SECTION .0100 ‑ CURRICULUM

16 ncac 06D .0101 DEFINITIONS

As used in this Subchapter:

(1) "Competency goals" means broad statements of general direction or purpose.

(2) "Course unit" means at least 150 clock hours of instruction for courses taught on a traditional schedule and at least 135 clock hours of instruction for courses taught on a block schedule. LEAs may award credit for short courses in an amount corresponding to the fractional part of a total unit.

(3) "Curriculum guide" means a document prepared by the department for each subject or area of study listed in the standard course of study and many commonly offered electives, including competency goals, objectives and suggested measures.

(4) "Diploma" means that document by which the LEA certifies that a student has satisfactorily completed all state and local course requirements and has passed the North Carolina Competency Test.

(5) "Graduation" means satisfactory completion of all state and local course requirements and achievement of a passing score on the North Carolina Competency Test.

(6) "Measures" means a variety of suggestions for ways in which the student may demonstrate ability to meet an objective.

(7) "Objective" means a specific statement of what the student will know or be able to do.

(8) "Proper test administration" means administration of tests adopted by the SBE for students, in accordance with Section .0300 of this Subchapter.

(9) "Special education student" means a student enrolled in or eligible for participation in a special educational program.

(10) "Standard course of study" means the program of course work which must be available to all public school students in the state.

(11) "Transcript" means that document which provides a record of:

(a) all courses completed and grades earned;

(b) scores achieved on standardized tests; and

History Note: Authority G.S. 115C-81;

Eff. July 1, 1986;

Amended Eff. April 1, 2002.

16 NCAC 06D .0102 BASIC EDUCATION PROGRAM

History Note: Filed as a Temporary Amendment Eff. August 12, 1991 for a period of 180 days to expire

on February 7, 1992;

Authority G.S. 115C‑12(9)c.; 115C‑81;

Eff. July 1, 1986;

Amended Eff. March 1, 1992;

Repealed Eff. June 1, 1996.

16 NCAC 06D .0103 GRADUATION REQUIREMENTS

History Note: Authority G.S. 115C‑12(9)c.; 115C‑81(a); 115C‑180; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. January 2, 1998; January 1, 1993; July 1, 1992;

Temporary Amendment Eff. April 24, 1998;

Temporary Amendment Expired February 9, 1999;

Amended Eff. August 1, 1999;

Repealed Eff. December 1, 1999.

16 NCAC 06D .0104 EXIT DOCUMENTS

History Note: Authority G.S. 115C‑12(9)c.;

Eff. July 1, 1986;

Repealed Eff. June 1, 1996.

16 NCAC 06D .0105 USE OF SCHOOL DAY

(a) Local boards of education are obligated both to assure that materials presented to students during the school day are related to the curriculum, and to preserve their discretion and the discretion of administrators and teachers to determine, within the limits of the prescribed curriculum, the materials to be presented to students during the school day and the times during which materials selected will be presented. Therefore, no local board of education may enter into a contract or agreement with any person, corporation, association or organization which:

(1) limits or impairs its authority and responsibility, or the authority and responsibility of administrators and teachers, to determine the materials to be presented to students during the school day; or

(2) limits or impairs its authority and responsibility, or the authority and responsibility of administrators and teachers, to determine the times during the school day when materials will be presented to students.

(b) Local boards of education are obligated to assure that students, as a consequence of the compulsory attendance laws, are not made a captive audience for required viewing, listening to, or reading commercial advertising. Therefore, no local board of education may enter into any contract or agreement with any person, corporation, association or organization pursuant to which students are regularly required to observe, listen to, or read commercial advertising. This Rule does not prohibit local boards of education, teachers or administrators from requiring students from time to time to observe, listen to, or read educational materials that contain commercial advertising. This Rule also shall not prohibit the regular study of advertising as an academic subject.

(c) This Rule shall apply both retroactively and prospectively. Any contract or agreement previously made in contravention of this Rule is declared void and unenforceable.

History Note: Filed as a Temporary Amendment Eff. February 19, 1990, for a period of 180 days to expire on

August 18, 1990;

Filed as a Temporary Rule Eff. February 8, 1990, for a period of 180 days to expire on

August 7, 1990;

Authority N.C. Constitution, Article IX, Sec. 5; G.S. 115C‑1; 115C‑2; 115C‑12(9)c.; 115C‑81;

ARRC Objection Lodged February 15, 1990;

ARRC Objection Lodged March 15, 1990;

ARRC Objection Lodged June 21, 1990;

Eff. November 1, 1990.

16 NCAC 06D .0106 ENGLISH LEARNER PROGRAMS

(a) For purposes of this Rule, the following definitions shall apply:

(1) "Annual testing program" is defined in 16 NCAC 06D .0307(c).

(2) "Caregiver" means a parent, custodian, legal guardian, or other person having formal or informal responsibility for the care and education of an English learner. "Caregiver" does not include employees of the public school system acting in their professional capacities.

(3) "English language proficiency assessment" means the diagnostic test approved by the State Board of Education and administered to an English learner to evaluate the English learner's achievement and progress in English language development. The approved test is the WIDA ACCESS.

(4) "English language proficiency alternative assessment" means the diagnostic test approved by the State Board of Education and administered to an English learner who has been identified as a child with a disability, as defined in G.S. 115C-106.3(1), and has a significant cognitive disability to evaluate the English learner's achievement and progress in English language development. The approved test is the WIDA Alternate ACCESS.

(5) "English language proficiency screener" means the diagnostic test approved by the State Board of Education and administered to a student to determine if the student is an English learner. The approved tests are the WIDA Screener and WIDA Screener for Kindergarten.

(6) "English language proficiency alternative screener" means the diagnostic test approved by the State Board of Education and administered to a student who has been identified as a child with a disability, as defined in G.S. 115C-106.3(1), and has a significant cognitive disability to determine if the student is an English learner. The approved test is the WIDA Alternate Screener.

(7) "English learner" is defined in 20 U.S.C. 7801(20).

(8) "English learner plan" means a comprehensive document, unique to each English learner, that outlines how the public school unit will support the English learner's English language development and access to grade-level academic content. The plan shall include key information such as the English learner's identification, English proficiency level, language development goals, instructional services, testing accommodations, and parent or caregiver notifications.

(9) "Home language survey" means one or more questions posed to a student and the student's caregiver(s) upon the student's initial enrollment in a public school unit ("PSU") to determine the language or languages spoken in the home.

(10) "Language instruction educational program" or "LIEP" is defined in 20 U.S.C. 7011(7).

(b) Upon a student's initial enrollment in a North Carolina public school unit ("PSU"), the PSU shall administer a home language survey and maintain the results of that survey in the student's educational record. If a student has been previously enrolled in another North Carolina PSU, the enrolling PSU shall use the results of the previous survey. The home language survey shall collect at least the following information:

(1) The student's name.

(2) The student's date of birth.

(3) The student's current grade.

(4) The name of the student's parent(s) or caregiver(s).

(5) The telephone number of the parent(s) or caregiver(s).

(6) The primary language used in the student's home, regardless of the language spoken by the student.

(7) The language the student speaks most often.

(8) The first language the student learned to speak.

(9) If the student has attended any other primary or secondary school in the United States:

(A) The state, territory, or federal district in which the student attended school;

(B) The name of the PSU the student attended, if the student attended another PSU in North Carolina; and

(1) The PSU shall investigate the English language skills of the student if the home language survey indicates that:

(A) The student's first language is other than English;

(B) The student's primary language is other than English; or

(2) Based on this investigation, the PSU shall determine whether the student's English language skills will impair the student's ability to access academic content.

(3) The PSU shall administer one of the following English language proficiency screeners:

(A) The WIDA Screener for Kindergarten, if the student is in the first semester of Kindergarten;

(B) The WIDA Screener, if the student is in the second semester of Kindergarten or in Grade 1 through Grade 12; or

(4) The PSU shall designate a student as an English learner if the student scores the following on the applicable English language proficiency screener:

(A) Below a 4.5 overall (listening, speaking, reading, and writing) composite score on the WIDA Screener;

(B) Below a 4.5 oral language (listening and speaking) composite score on the WIDA Screener for Kindergarten; or

(5) Once a student is identified as an English learner, the PSU shall enroll the student in a language instructional educational program that will best enable the student to:

(A) Increase English language proficiency; and

(B) Access academic content and curriculum.

(d) Each English learner shall participate in the annual testing program using one of the following methods of test administration:

(1) The standard test administration provided to non-English learners.

(2) The standard test administration with accommodations identified in the English learner plan, if the English learner scored below Level 5.0 Bridging on the reading domain of the WIDA Screener or WIDA Access.

English learners who are in their first year of enrollment in a United States public or nonpublic school and enrolled in a course with an End-of-Course test in reading, mathematics, or science shall take the End-of-Course test, but the test scores shall not be included in the student's final grade for the course.

(e) The PSU shall administer one of the following English language proficiency assessments to each identified English learner during the annual testing program:

(1) The WIDA ACCESS, if the English learner is in Kindergarten or in Grade 1 through Grade 12; or

(2) The WIDA Alternate ACCESS, if the English learner is identified as a child with a disability, as defined in G.S. 115C-106.3(1), and has a significant cognitive disability.

(f) The PSU shall deem a student to no longer be an English learner and exit the student from the language instructional educational program if the student:

(1) Achieves an overall composite score of 4.5 or above on the WIDA ACCESS;

(2) Achieves a Level 2 or higher on the WIDA Alternate ACCESS; or

(3) Achieves an overall composite score of 4.2, 4.3, or 4.4 on the WIDA ACCESS; achieves a score of less than 4.0 on no more than one individual domain of the WIDA ACCESS; and demonstrates other evidence of English proficiency using the Multiple Measure Tool developed by the Department of Public Instruction.

If the PSU has evidence that a student who was previously identified as an English learner has English language skills that may impair the student's continued ability to access academic content, the PSU may re-administer the applicable English language proficiency to re-assess the student's eligibility for English learner services and accommodations.

(g) The PSU shall not exclude English learners from special education programs due to limited English language proficiency. The PSU shall conduct evaluation, placement, and notification to parents of students with special needs in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. 1401 et seq. and its implementing regulations at 34 C.F.R. Part 300.

(h) The PSU shall not exclude English learners from programs for the academically gifted and other specialized programs or support services due to limited English proficiency.

(i) The PSU shall educate English learners in the least segregated manner consistent with each student's English learner plan and include these students in all aspects of the regular school program for which they are otherwise eligible and qualified.

(j) The PSU shall report the following information to the SBE no later than November 1st of each year:

(1) The number of English learners identified and receiving services from the PSU.

(2) The number of English learners receiving special education services in accordance with Chapter 115C, Article 9 of the General Statutes.

(3) The number of English learners receiving services for academically or intellectually gifted students in accordance with Chapter 115C, Article 9B of the General Statutes.

(4) Any other information required by the United States Department of Education.

History Note: Authority G.S. 115C-12(9); 115C-12(48); 115C-83.7; 115C-83.15; 115C-83.16; 115C-218.85; S.L. 2007-323, Section 7.9; 20 U.S.C. 6311; 20 U.S.C. 6811–7014; 20 U.S.C. 1703; 34 C.F.R. 200.6;

Eff. June 1, 1996;

Readoption Eff. July 1, 2026.

16 NCAC 06D .0107 State graduation requirements

History Note: Authority G.S. 115C-12(9c); 115C-81(b)(4); 115C-12(9d); 115C-81.25(c)(10);

N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired December 6, 2019.

SECTION .0200 ‑ TEXTBOOKS

16 NCAC 06D .0201 STATE TEXTBOOK COMMISSION

16 NCAC 06D .0202 TEXTBOOK BIDS AND CONTRACTS

16 NCAC 06D .0203 DISPOSITION OF OLD TEXTBOOKS

History Note: Authority G.S. 115C‑89;

Eff. July 1, 1986;

Repealed Eff. March 1, 1990.

16 NCAC 06D .0204 TEXTBOOK ADOPTION SCHEDULE

To ensure adequate time for the evaluation of textbooks presented to the SBE for adopted for use in the public schools, the Textbook Commission, the Department and the SBE shall adhere, to the extent practicable, to the following schedule on and after January 1, 1990:

(1) January. The Superintendent of Public Instruction will identify for the SBE all textbook contracts scheduled to expire during the next calendar year, and recommend whether such contracts should be renewed or new textbooks adopted the following year.

(2) March. The Superintendent will present for the SBE's approval a review of the curriculum requirements as prescribed in the Standard Course of Study and Competency Based Curriculum for the areas for which textbooks are scheduled to be adopted that year.

(3) April. The Superintendent will present for the SBE's approval the call letter and evaluation forms prepared by the Curriculum Review Committee for the textbooks scheduled for adoption that year. The Superintendent will forward approved call letters to publishers listed on the Textbook Company Register and will forward approved evaluation forms to the Textbook Commission.

(4) June. Textbook publishers will forward textbooks presented by publishers for adoption to the Textbook Commission and other recipients designated in the call letters.

(5) June 15 to August 1. The Regional Textbook Evaluation Advisory Committees will evaluate textbooks under the direction of the Textbook Commission.

(6) August and September. The Textbook Commission will review the recommendations of the Regional Textbook Evaluation Advisory Committees, and will prepare its recommendations to the SBE.

(7) October. The Textbook Commission will present its recommendations to the SBE. The SBE will adopt textbooks.

(8) November and December. Local school systems review adopted textbooks and identify textbooks to be ordered. Local school systems will place orders before March 1 of the next year.

History Note: Authority G.S. 115C‑89;

Eff. March 1, 1990.

16 NCAC 06D .0205 CURRICULUM REVIEW COMMITTEE

(a) The Superintendent of Public Instruction shall appoint a Curriculum Review Committee to advise him about criteria to be included in each call letter to publishers requesting submission of textbooks for evaluation and adoption, and the development of forms for evaluation of textbooks presented for adoption.

(b) The Committee shall be organized and selected by the Superintendent of Public Instruction. The Committee should include, in addition to members of the Department of Public Instruction, representatives from local school systems, the Textbook Commission and the community.

(c) The Committee shall begin performing its duties at least one year before the issuance of letters to publishers calling for submission of textbooks for evaluation and adoption.

(d) The Committee's responsibility is to help ensure that textbooks presented for adoption are evaluated for their conformity to the Standard Course of Study and the Competency Based Curriculum, and that the textbooks adopted in fact conform to the Standard Course of Study and the Competency Based Curriculum. The Committee shall develop criteria to be included in each call letter and textbook evaluation forms that reflect the requirements of the Standard Course of Study and the Competency Based Curriculum.

(e) The Committee shall present the criteria and forms it develops to the Superintendent of Public Instruction for review and approval, and shall then present the criteria and forms to the SBE for review and adoption.

History Note: Authority G.S. 115C‑89;

Eff. March 1, 1990.

16 NCAC 06D .0206 REGIONAL TEXTBOOK EVALUATION ADVISORY COMMITTEES

(a) The Textbook Commission shall appoint Regional Textbook Evaluation Advisory Committees for each of the state's educational districts defined in G.S. 115C‑65. Members shall serve a one‑year term that begins on January 1 and ends on December 31 of each year. The Textbook Commission shall fill any vacancy for the remainder of the unexpired term. Members shall serve at the pleasure of the Textbook Commission.

(b) All persons appointed to these committees by the Textbook Commission shall be qualified by training and experience to evaluate textbooks for use in the public schools. In appointing these committees, the Textbook Commission shall consider the textbooks scheduled for adoption during that year, and shall ensure appointment of specialists in the content and grade levels of the areas for which textbooks are to be adopted.

(c) The Committees, using the evaluation forms developed by the Curriculum Review Committee and their training and experience, assists the Textbook Commission in the evaluation of textbooks presented for adoption. Before beginning to evaluate textbooks, each member of the regional committee shall participate in a comprehensive orientation and training session approved by the Superintendent of Public Instruction and the chairman of the Textbook Commission and presented under the direction of the Superintendent.

(d) Each regional committee, under the direction of a member of the Textbook Commission assigned by the Chairman of the Textbook Commission, shall meet and evaluate the textbooks presented for adoption. Following these regional meetings, the Chairman of the Textbook Commission will assign members of the regional committees to subject area committees. These committees, using the criteria and forms developed by the Curriculum Review Committee and approved by the SBE, shall meet, discuss and formalize their recommendations to the Textbook Commission.

(e) The Superintendent will assign to members of the Department the responsibility of assisting the regional committees in the performance of their duties.

(f) Members of the regional committees shall perform all of their prescribed duties between June 15 and August 1 of each year at times and places designated by the Chairman of the Textbook Commission. Members of the committees who are not under contract with a local school administrative unit for the period between June 15 and August 1 shall receive a salary of one hundred dollars ($100.00) per day for not more than ten days, plus reimbursement for travel and subsistence expenses as allowed for state employees. Committee members who are under contract with a local school administrative unit between June 15 and August 1, are employed by the Department of Public Instruction, or are employed by another state agency, will receive their regular salaries and will be reimbursed for travel and subsistence expenses only.

History Note: Authority G.S. 115C‑89;

Eff. March 1, 1990.

16 NCAC 06D .0207 TEXTBOOK COMMISSION

(a) Members of the Textbook Commission are appointed according to the provisions of G.S. 115C‑87. In recommending persons for appointment to the Commission, the Superintendent of Public Instruction is requested to recommend and the Governor is requested to approve the appointment of at least on member from each of the eight educational districts of the state.

(b) The duties of the Textbook Commission are contained in G.S. 115C‑88 and 115C‑89. Commission members shall make recommendations for each textbook presented for adoption based on the requirements of the call letter for the textbook as approved by the SBE. The SBE shall prescribe the format for the Commission's recommendations to the SBE for adoption of textbooks. The Superintendent of Public Instruction will assign to members of the Department responsibility for assisting the Textbook Commission in the performance of its duties.

(c) Before beginning to evaluate textbooks, commission members shall participate in an orientation and training session planned by the Chairman of the SBE and the Superintendent and presented under the direction of the Superintendent. The Superintendent shall hold the orientation session as soon as possible after the appointment of new members to the Commission or after changes in the statutes and regulations relating to textbook adoptions.

(d) As prescribed in Rule .0206 of this Section, the Textbook Commission appoints the members of the Regional Textbook Evaluation Advisory Committees and directs them in the performance of their duties.

(e) The Commission may meet with representatives of publishers to discuss the Commission's plans and procedures for adoption of textbooks. At no time may the Commission or any of its members meet privately with any publisher's representative.

History Note: Authority G.S. 115C‑89;

Eff. March 1, 1990.

16 NCAC 06D .0208 TEXTBOOK COMPANY REGISTER

(a) In accordance with G.S. 115C‑94, the Superintendent of Public Instruction shall maintain a register of all publishers who submit books for adoption by the SBE. The Superintendent shall prescribe the information required for registration.

(b) Only registered companies will receive notice of proposed textbook adoptions by the SBE.

(c) The Superintendent shall remove from the Textbook Company Register any publisher whose representatives attempt to exercise undue pressure of any kind to adopt its books upon a member of the Textbook Commission, the Regional Textbook Evaluation Advisory Committees, the Curriculum Review Committee, or the Department.

(d) The SBE shall direct the Superintendent of Public Instruction to remove from the Textbook Company Register any publisher whose representatives attempt to exercise undue pressure of any form upon a member of the SBE to adopt its books.

History Note: Authority G.S. 115C‑89;

Eff. March 1, 1990.

16 NCAC 06D .0209 REQUESTS FOR TEXTBOOKS AND CONTRACTS

(a) Upon approval by the SBE, the Department will send a request for textbooks, together with a proposed contract, to all publishers listed in the Textbook Company Register, requesting the submission of textbooks that conform to the requirements specified in the request and the proposed contract.

(b) The SBE will adopt textbooks and award contracts based on the following criteria:

(1) recommendations of the Textbook Commission;

(2) conformity with the request for the textbooks and the proposed contract;

(3) conformity with the Standard Course of Study and Competency Based Curriculum;

(4) price; and

(5) the needs of the public schools.

(d) Each publisher that is awarded a contract must file a performance bond. The Superintendent of Public Instruction shall determine the amount of the bond based on the costs of the textbooks, the publisher's past performances, and such other factors as the Superintendent determines to be relevant.

History Note: Authority G.S. 115C‑89;

Eff. March 1, 1990.

16 NCAC 06D .0210 DISPOSITION OF OLD TEXTBOOKS

LEAs may dispose of textbooks which are no longer listed on the state‑adopted textbook list by sale, gift, or exchange. LEAs shall remit the proceeds of sale to the Department. The Department shall credit these proceeds to the LEA's textbook account.

History Note: Authority G.S. 115C‑89; 115C‑102(b);

Eff. March 1, 1990;

Amended Eff. August 1, 1999; June 1, 1992.

16 NCAC 06D .0211 Textbook Evaluation Advisors

History Note: Authority G.S. 115C-89; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. November 19, 2020.

16 NCAC 06D .0212 Textbook Publishers Registry

(a) Publishers who submit textbooks for adoption shall register with the Office of State Superintendent of Public Instruction. Publisher registration information shall include:

(1) the publisher's name;

(2) the publisher's president's or proprietor's name and address, including email address;

(3) the names of all agents authorized to represent the publisher in North Carolina; and

(4) the name, title, address, email address and telephone number of the publisher's preferred agent contact.

(b) Each publisher piloting textbook materials being submitted for consideration in the current adoption year shall notify the Textbook Commission, in writing, which materials are being piloted and in which local education agencies materials are being piloted. The Textbook Commission shall notify all local superintendents involved in piloting textbook materials prior to the end of the textbook selection process that the materials they are piloting may or may not be accepted by the Commission.

(c) Publishers shall not exercise undue pressure on members of the Textbook Commission, the State Board of Education, evaluation advisors, or DPI staff involved in the textbook submission, evaluation, or adoption process.

(1) For purposes of this Rule, "undue pressure" means personal contact, whether in person, by telephone, or in written form, that advocates for the selection of a particular book or series of books. "Undue pressure" does not include social contact or presentations to the Textbook Commission as a whole, and does not include written communication with Textbook Commission members or State Board of Education or DPI officials following acceptance or rejection of a submission in an effort to seek clarification or reconsideration.

(2) The State Superintendent of Public Instruction shall remove from the NC Publishers Registry any publisher whose agents exercise undue pressure upon a member of the Textbook Commission, the evaluation advisors, or DPI staff.

(3) The State Board of Education shall direct the State Superintendent of Public Instruction to remove from the NC Publishers Registry any publisher whose agents exercise undue pressure upon a member of the State Board of Education.

History Note: Authority G.S. 115C-12; 115C-89;

Eff. January 1, 2021.

section .0300 - TESTING PROGRAMS

16 NCAC 06d .0301 TESTING REQUIREMENTS AND OPPORTUNITIES

History Note: Authority G.S. 115C-12(9)c.;

Eff. July 1, 1986;

Amended Eff. January 2, 2006; August 1, 1999; January 2, 1998; June 1, 1996;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06D .0302 TEST ADMINISTRATION

16 NCAC 06D .0303 ACCOUNTABILITY COORDINATOR

History Note: Authority G.S. 115C-12(9)c; 115C-81(b)(4);

Eff. July 1, 1986;

Amended Eff. May 1, 2001; August 1, 1999; November 1, 1997; June 1, 1996;

Repealed Eff. March 1, 2021.

16 NCAC 06D .0304 GRADE-LEVEL PROFICIENCY

History Note: Authority G.S. 115C-12(9)c.; 115C-81(b)(4);

Eff. November 1, 1995;

Repealed Eff. December 1, 1999.

16 NCAC 06D .0305 End-of-course assessments

16 NCAC 06D .0306 TESTING CODE OF ETHICS

History Note: Authority G.S. 115C-12(9)c; 115C-81(b)(4);

Eff. November 1, 1997;

Amended Eff. October 1, 2006; January 2, 2006; April 1, 2002; September 1, 2001; August 1, 2000; July 1, 2000; August 1, 1999;

Repealed Eff. March 1, 2021.

16 NCAC 06D .0307 test administration in public schools

(a) Only current or retired professional educators as defined in G.S. 115C-270.1 or teachers who

(1) are employed by local education agencies (LEAs); and

(2) have training in the Annual Testing Program as required in Rule .0308 of this Section shall administer secure tests.

(b) "Secure test" for purposes of this Chapter means "any test developed, adopted, or provided by the State Board of Education that has not been released under G.S. 115C-174.13."

(1) beginning of grade 3 reading proficiency test;

(2) grades 3 through 8 end-of-grade (EOG) English language arts/reading and mathematics;

(2) grades 5 and 8 EOG science;

(3) grade 10 end-of-course (EOC) English II;

(4) grade 11 EOC assessments in NC Math 1, NC Math 3, and EOC Biology;

(5) grade 11 ACT; and

(6) grade 12 Career and Technical Education Concentrators and ACT WorkKeys.

(d) The North Carolina Department of Public Instruction (NCDPI) shall supply the secure tests to LEAs. LEAs shall:

(1) account to the NCDPI for all secure tests received;

(2) provide a secure, locked storage facility for all secure tests received;

(3) prohibit the reproduction of any or all parts of a secure test; and

(4) prohibit their employees from disclosing the content of a secure test or specific items contained in a secure except as necessary to administer the test.

(e) LEAs shall monitor test administration procedures. If a school employee discovers any violation of the rules in this Subchapter, he or she shall notify the principal, charter school director, or school test coordinator who shall notify the superintendent or the LEA test coordinator. If the superintendent or the LEA test coordinator determines that the violation affected the validity of the test for its intended purpose, he or she shall have the authority to order the affected students to be retested.

(f) If NCDPI determines that the failure to administer a test in accordance with the rules in this Subchapter produced a result which is invalid for measuring student achievement, then NCDPI may remedy the error or order the LEA to remedy the error, including requiring retesting students.

(g) LEAs shall, at the beginning of each school year, provide information to students and parents or guardians advising them of the districtwide and State-mandated tests that students will be required to take during that school year. In addition, LEAs shall advise students and parents or guardians of the dates the tests will be administered and how the results from the tests will be used. Also, information provided to parents shall include whether the State Board of Education or the local board of education requires the test(s).

(h) LEAs shall report scores resulting from the administration State-mandated tests from the Annual Testing Program to students and parents or guardians no later than 30 days after the test is administered and along with available score interpretation information within 30 days from receipt of the scores and interpretive documentation from the NCDPI.

Selected LEAs and schools, determined through stratified random samples, shall participate in field testing and other sample testing.

(i) LEAs shall participate in National Assessment of Educational Progress (NAEP) and other national or international assessments as designated by the SBE.

History Note: Authority G.S. 115C-12(9); 115C-174.10; 115C-174.11; 115C-174.12; 115C-174.13; 115C-174.16;

Emergency Adoption Eff. August 20, 2019;

Eff. March 1, 2021.

16 NCAC 06D .0308 test coordinators, administrators and proctors

(a) The local superintendent in a local education agency (LEA) shall act as or appoint an LEA test coordinator to assist in the local administration, reporting, and interpretation of results of any "secure test," as defined in Rule .0307(b) of this Section, administered in the Annual Testing Program, as defined in Rule .0307(c) of this Section

(b) LEA test coordinators shall attend required monthly test administration training sessions provided by the North Carolina Department of Public Instruction on subjects including proper test administration, test security, appropriate use of accommodations, scanning and scoring answer sheets, and preparation of test materials for scoring at a central site.

(d) School test coordinators shall conduct training in the Annual Testing Program for any test administrators or proctors.

(e) The LEA test coordinator shall arrange for the scanning, scoring, and reporting of results for any secure test administered in the Annual Testing Program from tests adopted by the State Board of Education.

History Note: Authority G.S. 115C-12(9); 115C-174.11; 115-174.12;

Emergency Adoption Eff. August 20, 2019;

Eff. March 1, 2021.

16 NCAC 06D .0309 Requirements regarding end-of-course Tests

(a) All students enrolled in a course requiring an end-of-course test (EOC) in the Annual Testing Program defined in Rule .0307(c) of this Section shall participate in the administration of the EOC, either a standard administration with or without accommodations or an alternate assessment, as defined in G.S. 115C-83.3. Accommodations and alternative assessments shall be administered in accordance with 16 NCAC 06G .0315(c) and (d). This Rule shall apply to all public school units (PSUs).

(b) PSUs shall include each student's end-of-course (EOC) results in the student's permanent records and high school transcript.

(c) PSUs shall adopt policies and use results from all EOCs as a minimum of 20 percent of the student's final grade for each respective course with the exception of:

(1) students whose Individualized Education Programs (IEPs) created under the Individuals with Disabilities Education Act, 33 U.S.C. 1414, and regulations adopted pursuant to that Act, exclude their EOC results from their final grades;

(2) English Learner (EL) students, as defined in 25 CFR 30.101, in their first year in a United States school; or

(3) students enrolled in a course during the initial implementation year of the new EOC for that course where proficiency scores are not available due to standard setting.

(d) PSU students who are enrolled for credit in courses in which an EOC is required shall take the EOC.

(e) PSU students who are exempt from final exams by local board of education policy shall not be exempt from the required EOC.

(f) PSU students shall take the EOC the first time the student takes the course requiring the EOC.

(g) PSU students shall take the EOC at the end of the course regardless of the grade level in which the course is offered.

(h) PSU students who are identified as failing a course for which an EOC is required shall take the EOC.

(i) PSU students may drop a course with an EOC within the first 10 days of enrollment in a semester block schedule or within the first 20 days of enrollment in a yearlong traditional schedule. Students who are enrolled for credit after the 10 or 20 days shall not drop a course with a required EOC and shall participate in the EOC administration at the completion of the course.

(j) PSU students who obtain a proficient score on an EOC and retake that course may use their higher EOC score as a minimum of 20 percent of their final course grade.

History Note: Authority G.S. 115C-12(9d)a; 115C-105.20;115C-174.11; 115C-174.12; 115C-218.85(a)(3);

Emergency Adoption Eff. August 20, 2019;

Eff. August 23, 2022.

16 NCAC 06D .0310 APPROPRIATE USE OF STATE TESTS

Secure tests as defined in Rule .0307(b) of this Section developed by the State of North Carolina as part of the Annual Testing Program shall not be used for purposes other than to measure reading proficiency at the beginning of grade three, end-of-grade progress for grades three through eight, end-of-course competencies, and competencies in English, mathematics, reading, and science at the end of grade 11 as tested in the ACT, and competencies in mathematics, reading, and information location at the end grade 12 as tested in ACT WorkKeys.

History Note: Authority G.S. 115C-12(9d)a.; 115C-83.15; 115C-174.11(c);

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06D .0311 Testing Code of Ethics

(a) This Rule shall apply to all public school unit (PSU) employees or agents while they are administering the Annual Testing Program defined in Rule .0307(c) of this Section.

(b) The PSU shall develop local policies and procedures to ensure maximum test security in coordination with the policies and procedures developed by the test publisher.

(c) The PSU shall require all testing coordinators, school test coordinators, test administrators and proctors to be trained as required in Rule .0308 of this Section.

(d) The PSU shall designate the personnel who are authorized to have access to secure test materials. "Access" to test materials by school personnel means handling the materials but does not include reviewing tests or analyzing test items.

(1) Persons who have access to secure test materials shall not use those materials for any purpose other than test administration.

(2) No person shall copy, reproduce, or paraphrase the test materials without the express written consent of the test publisher.

(e) The principal shall store test materials in a locked facility to which only the principal has access. The principal shall not allow anyone access to the test materials except as necessary for administration.

(f) When PSU personnel discover loss of materials, failure to account for materials, or any evidence of unauthorized access to the materials, they shall report the discovery without delay to the principal, school test coordinator, school system (LEA) test coordinator, or charter school director.

(g) PSUs shall ensure that test coordinators:

(1) plan and implement training for school test coordinators, test administrators, and proctors;

(2) ensure each school test coordinator and test administrator is trained in accordance with Rule .0308 of this Section; and

(3) in conjunction with program administrators, ensure test accommodations to students entitled to testing accommodations as defined in 16 NCAC 06G .0315; are documented and provided.

(h) The principal or the principal's designee shall serve as school test coordinator.

(i) The principal shall ensure the school test coordinator maintains test security and accountability of test materials, including taking the following actions:

(1) before each test administration, the school test coordinator shall count and distribute test materials;

(2) after each test administration, the school test coordinator shall without delay collect, count, and return all test materials to the locked storage facility;

(3) establishes procedures to assure all students participating in the Annual Testing Program have an equal opportunity to demonstrate their knowledge on the test; and

(4) identifies and trains personnel, proctors, and backup personnel for test administrations.

(j) Teachers may help students improve test-taking skills by:

(1) helping students become familiar with test formats using curricular content;

(2) teaching students test-taking strategies and providing practice sessions;

(3) helping students learn ways of preparing to take tests; and

(4) using resource materials such as test questions from test item banks and linking documents in instruction and test preparation.

(k) With respect to test administration, PSUs shall:

(1) assure each school establishes procedures to ensure all test administrators comply with test publisher guidelines;

(2) inform the local board of education of any breach of this code of ethics; and

(3) inform test coordinators and principals of their responsibilities.

(l) The school test coordinator shall:

(1) assure school personnel know the content of rules in this Section and local testing policies;

(2) implement the school system and local testing policies and procedures to assure all students participating in the Annual Testing Program have an equal opportunity to demonstrate their knowledge on the test;

(3) ensure proctors are trained; and

(4) ensure all violations of rules in this Section and local testing policies are reported to the school system (LEA) test coordinator.

(m) Test administrators shall:

(1) administer tests according to the directions in the assessment guide and any subsequent updates developed by the test publisher;

(2) administer tests to all students enrolled in a grade or course that requires a test in the Annual Testing Program;

(3) report all violations of rules in this Section and local testing policies to the school test coordinator; and

(n) Proctors shall serve as additional monitors to help the test administrator assure that students have an equal opportunity to demonstrate their knowledge on the test.

(o) Scoring. The school system test coordinator shall:

(1) ensure each test is scored according to the procedures and guidelines defined for the test by the test publisher;

(2) maintain quality control during the entire scoring process, which consists of handling and editing documents, scanning answer documents, and producing electronic files and reports. Quality control shall address scoring accuracy and scoring consistency.

(3) maintain security of tests and data files at all times, including;

(A) protecting the confidentiality of students at all times when publicizing test results; and

(B) maintaining test security of answer keys and item-specific scoring rubrics.

(p) Educators shall use test scores as one piece of information to be interpreted together with other scores and indicators when determining a student's grade. The PSU shall ensure that school personnel analyze and report test data within the limitations described in this Paragraph.

(1) Educators shall maintain the confidentiality of individual students. PSU personnel shall not publicize test scores or any written material containing personally identifiable information from the student's educational records except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g and regulations adopted pursuant thereto.

(2) Staff development relating to testing must enable school personnel to respond knowledgeably to questions related to testing, including the tests, scores, scoring procedures, and other interpretive materials.

(q) Unethical testing practices include the following practices:

(1) encouraging students to be absent the day of testing;

(2) encouraging students not to do their best;

(3) using secure test items or modified secure test items for instruction;

(4) changing student responses at any time;

(5) interpreting, explaining, or paraphrasing the test directions or the test items;

(6) classifying students for the purpose of avoiding State testing;

(7) not testing all students enrolled in a grade or course that requires a test in the Annual Testing Program;

(8) failing to provide required accommodations during testing to students entitled to testing accommodations as defined in 16 NCAC 06G .0315;

(9) modifying scoring programs including answer keys, equating files, and lookup tables;

(10) modifying student records for the purpose of raising test scores;

(11) using a single test score to place a student in a grade or a course; and

(12) providing inaccurate test results and interpretations to the public.

(r) In the event of a violation of this Rule, the State Board of Education may impose any one or more of the following sanctions:

(1) withhold any monetary incentive awards;

(2) file a civil action against the person or persons responsible for the violation for copyright infringement or for any other available cause of action;

(3) seek criminal prosecution of the person or persons responsible for the violation; and

(4) in accordance with the provisions of 16 NCAC 06C .0312, suspend or revoke the professional license of the person or persons responsible for the violation.

History Note: Authority G.S. 115C-12(9); 115C-174.11; 115C-174.12; 115C-218.85(a)(3);

Emergency Adoption Eff. August 20, 2019;

Eff. August 23, 2022.

16 NCAC 06D .0312 English Learners: IDENTIFICATION, PARTICIPATION IN STATEWIDE TESTING PROGRAM, ELIGIBILITY FOR TESTING ACCOMMODATIONS, AND EXIT CRITERIA

History Note: Authority G.S. 115C-12(9); 115C-83.7; 115C-83.15; 115C-83.16; 115C-218.85; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired December 6, 2019.

16 NCAC 06D .0313 USE OF STATE-DESIGNATED ASSESSMENTS FOR THE NC TEACHER EVALUATION PROCESS

History Note: Authority G.S. 115C-12(9); 115C-83.6; 115C-83.5; 115C-174.12; 115C-269.35; 115C-333.2; 115C-334; 115C-335; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. September 17, 2020.

SECTION .0400 - BEP SUPPORT SERVICES

16 NCAC 06D .0401 REQUIRED SUPPORT PROGRAMS

Each LEA shall provide its students support services in the following areas:

(1) Pre-school physical and developmental screening;

(2) School counseling services;

(3) School social work services;

(4) School psychological services; and

(5) Health services.

History Note: Authority G.S. 115C-12(9)c.; 115C-81;

Eff. July 1, 1995.

16 NCAC 06D .0402 SPECIAL HEALTH CARE SERVICES

(a) Each LEA shall make available a registered nurse for assessment, care planning, and on-going evaluation of students with special health care service needs in the school setting. Special health care services include procedures that are invasive, carry reasonable risk of harm if not performed correctly, may not have a predictable outcome, or may require additional action based on results of testing or monitoring.

(b) Care planning includes but is not limited to:

(1) identification of appropriate person(s) to perform the procedure;

(2) teaching those persons to perform the procedure; and

(3) identification of a mechanism for registered nurses or other persons qualified by state law to plan and implement such health to provide ongoing supervision to ensure the procedure is performed appropriately and monitoring the student's response to care provided in the school setting.

(c) To assure that these services are provided, LEAs shall have the flexibility to hire registered nurses, to contract with individual registered nurses, to contract for nursing services through local health departments, home care organizations, hospitals and other providers, or to negotiate coverage for planning and implementing these services with the licensed physician, nurse practitioner, or physician assistant prescribing the health care procedure.

(d) LEAs shall implement this Rule in compliance with the provisions of G.S. 115C-307(c).

History Note: Authority G.S. 115C-12(9)c.; 115C-81; 115C-307(c);

Eff. July 1, 1995.

16 NCAC 06D .0403 PROVIDE INFORMATION ON CHILD ABUSE AND NEGLECT

Each public school unit, University of North Carolina School of the Arts, and the North Carolina School of Science and Mathematics shall provide to students in grades 6 through 12 the information on child abuse and neglect, including age-appropriate information on sexual abuse, specified in G.S. 115C-12(47).

History Note: Authority G.S. 115C-12(47);

Eff. July 1, 2022.

SECTION .0500 – PROMOTION AND GRADUATION

16 NCAC 06D .0501 DEFINITIONS

As used in this Section, the following definitions apply:

(1) "Alternative assessment" is defined in G.S. 115C-83.3.

(2) "Career and technical education" or "CTE" means education designed to teach a set of technical or career-based skills, including agriculture, business and finance, family and consumer science, health science, information technology, marketing, technology, and industrial trades.

(3) "Child with a disability" is defined in G.S. 115C-106.3(1).

(4) "Content area" means a subject matter, academic discipline, or knowledge domain, such as a core academic area, career and technical education, or the arts.

(5) "Content standards" means the knowledge, concepts, and skills that a student should acquire at a specific grade level or within a specific content area. The Standard Course of Study indicates the minimum content standards for students in North Carolina.

(6) "Core academic areas" means the academic disciplines of reading, writing, mathematics, science, history, geography, and civics.

(7) "Course credit" means the documented recognition that a student has demonstrated, to the satisfaction of the governing body of a public school unit and consistent with the content standards, rigor, breadth, and depth of the Standard Course of Study, mastery of the content area for which the credit is being earned.

(8) "Elective course credit" means course credit not specifically mandated by law or by this Section.

(9) "Individualized education program" or "IEP" is defined in G.S. 115C-106.3(8).

(10) "IEP team" is defined in G.S. 115C-106.3(7).

(11) "Occupational preparation education" means instruction designed to prepare a student identified as a child with a disability for post-secondary education, employment, or independent living.

(12) "Postsecondary plans" means a student's educational or occupational plans after graduating from high school, such as one of the following:

(a) Enrollment in an institution of higher education.

(b) Full-time employment.

(13) "Principal" means a school administrator employed as the principal of a school, as provided in Chapter 115C, Article 19 of the General Statutes, or the staff member with the highest decision-making authority at a school, if there is no principal.

History Note: Authority G.S. 115C-12(9c); 115C-12(9d); 115C-81.5; 115C-81.25; 115C-81.45; 115C-81.90; 115C-83.3; 115C-83.31; 115C-83.32; 115C-106.3;

Eff. December 1, 1999;

Amended Eff. January 2, 2006; April 1, 2005;

Readopted Eff. January 1, 2025.

16 ncac 06d .0502 Student Accountability Standards

History Note: Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. January 2, 2006; August 1, 2001;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06D .0503 STATE GRADUATION REQUIREMENTS

(a) To graduate from a public high school in North Carolina and be issued a high school diploma by the governing body of a public school unit, a student shall satisfy the requirements set forth in this Rule. The requirements for each student are determined by the school year in which the student first enrolls in Grade 9. The requirements for a student who has been identified as a child with a disability and whose IEP team has determined cannot satisfy the standard state graduation requirements are set forth in 16 NCAC 06D .0506.

(b) A student who first enrolled in Grade 9 in the 2020-2021 school year shall earn a total of 22 course credits, including the following:

(1) Four course credits in the content area of English and language arts, which shall consist of:

(A) English I;

(B) English II;

(D) English IV

(2) Four course credits in the content area of mathematics, which shall consist of:

(A) NC Math I;

(B) NC Math II;

(D) A fourth course credit aligned with the student's postsecondary plans.

A student may, with the approval of the principal of the student's school, complete a CTE course approved by DPI in lieu of NC Math III.

(3) Three course credits in the content area of science, which shall consist of:

(A) Biology;

(B) One course in physical science; and

(4) Four course credits in the content area of social studies, which shall consist of:

(A) One course on founding principles of the United States, which shall be either American History: Founding Principles, Civics, and Economics; or Founding Principles of the United States of America and North Carolina: Civic Literacy;

(B) Economics and Personal Finance;

(C) One course in American history, which shall be either American History, American History I, or American History II; and

(D) World History.

(5) One course credit in the content area of health and physical education, including completion of instruction in cardiopulmonary resuscitation ("CPR") as provided in G.S. 115C-81.25(c)(10).

(6) Two elective course credits in any combination of the following content areas:

(A) Career and technical education;

(B) Visual or performing arts education; or

(7) Four elective course credits in any combination of the following content areas:

(A) Career and technical education;

(B) Visual or performing arts education;

(D) Any other content area.

(c) A student who first enrolled in Grade 9 in the 2021-2022, 2022-2023, 2023-2024, 2024-2025, or 2025-2026 school years shall earn a total of 22 course credits, including the following:

(1) Four course credits in the content area of English and language arts, which shall consist of:

(A) English I;

(B) English II;

(D) English IV

(2) Four course credits in the content area of mathematics, which shall consist of:

(A) NC Math I;

(B) NC Math II;

(D) A fourth course credit aligned with the student's postsecondary plans.

A student may, with the approval of the principal of the student's school, complete a CTE course approved by DPI in lieu of NC Math III.

(3) Three course credits in the content area of science, which shall consist of:

(A) Biology;

(B) One course in physical science; and

(4) Four course credits in the content area of social studies, which shall consist of:

(A) Founding Principles of the United States of America and North Carolina: Civic Literacy;

(B) Economics and Personal Finance;

(D) World History.

(5) One course credit in the content area of health and physical education, including completion of instruction in cardiopulmonary resuscitation ("CPR") as provided in G.S. 115C-81.25(c)(10).

(6) Two elective course credits in any combination of the following content areas:

(A) Career and technical education;

(B) Visual or performing arts education; or

(7) Four elective course credits in any combination of the following content areas:

(A) Career and technical education;

(B) Visual or performing arts education;

(D) Any other content area.

(d) A student who first enrolled in Grade 9 in the 2026-2027 school year or thereafter shall earn a total of 22 course credits, including the following:

(1) Four course credits in the content area of English and language arts, which shall consist of:

(A) English I;

(B) English II;

(D) English IV

(2) Four course credits in the content area of mathematics, which shall consist of:

(A) NC Math I;

(B) NC Math II;

(D) A fourth course credit aligned with the student's postsecondary plans.

A student may, with the approval of the principal of the student's school, complete a CTE course approved by DPI in lieu of NC Math III.

(3) Three course credits in the content area of science, which shall consist of:

(A) Biology;

(B) One course in physical science; and

(4) Four course credits in the content area of social studies, which shall consist of:

(A) Founding Principles of the United States of America and North Carolina: Civic Literacy;

(B) Economics and Personal Finance;

(D) World History.

(5) One course credit in the content area of health and physical education, including completion of instruction in cardiopulmonary resuscitation ("CPR") as provided in G.S. 115C-81.25(c)(10).

(6) One course credit in the content area of computer science, as prescribed in G.S. 115C-81.90. A student shall be exempt from this requirement if the student transfers from a nonpublic school or a school in another state to a North Carolina public school after completion of Grade 11, or if the student has been identified as a child with a disability and the student's IEP team determines that the student's disability would prevent the student from completing the course credit.

(7) Two elective course credits in any combination of the following content areas:

(A) Career and technical education;

(B) Visual or performing arts education; or

(8) Three elective courses any other content area.

(e) A student who first enrolled in Grade 9 in the 2025-2026 school year shall have earned at least one course credit in visual or performing arts from Grade 6 through 12. A student shall be exempt from this requirement if the student transfers from a nonpublic school or a school in another state to a North Carolina public school in Grade 9 or thereafter and the requirement would prevent the student from graduating with the cohort of students to which the student was assigned upon transfer.

(f) In determining whether a student who is the child of a military family has satisfied the requirements established by this Rule, the governing body of a public school unit shall consider and comply with all requirements of the Interstate Compact on Educational Opportunity for Military Children, codified at G.S. 115C-407.5.

History Note: Authority G.S. 115C-12(9c); 115C-12(9d); 115C-81.5; 115C-81.25; 115C-81.45; 115C-81.90; 115C-83.31; 115C-83.32;

Eff. December 1, 1999;

Amended Eff. January 2, 2006; April 1, 2005; September 1, 2002; December 1, 2001; December 1, 2000;

Readopted Eff. January 1, 2025.

16 NCAC 06D .0504 REVIEW PROCEDURES

History Note: Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06D .0505 LOCAL ACCOUNTABILITY PROCEDURES

History Note: Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. April 1, 2005;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06D .0506 STUDENTS WITH DISABILITIES

(a) To graduate from a public high school in North Carolina and be issued a high school diploma by the governing body of a public school unit, a student who has been identified as a child with a disability in accordance with Chapter 115C, Article 9 of the General Statutes and whose IEP team has determined cannot satisfy the standard state graduation requirements set forth in 16 NCAC 06D .0503 shall satisfy the requirements set forth in this Rule. The requirements for each student are determined by the school year in which the student first enrolls in Grade 9.

(b) A student who first enrolled in Grade 9 in the 2020-2021 school year shall earn a total of 22 course credits, including the following:

(1) Four course credits in the content area of English and language arts, which shall consist of:

(A) English I;

(B) English II;

(D) English IV.

(2) Three course credits in the content area of mathematics, which shall consist of:

(A) Introduction to Mathematics;

(B) NC Math I; and

(3) Two course credits in the content area of science, which shall consist of:

(A) Biology; and

(B) Applied Science

(4) Two course credits in the content area of social studies, which shall consist of:

(A) One course on founding principles of the United States, which shall be either American History: Founding Principals, Civics, and Economics; or Founding Principles of the United States of America and North Carolina: Civic Literacy; and

(B) Economics and Personal Finance.

(5) One course credit in the content area of health and physical education, including completion of instruction in cardiopulmonary resuscitation ("CPR") as provided in G.S. 115C-81.25(c)(10). The governing body of a public school unit shall provide appropriate accommodations in accordance with the student's approved IEP.

(6) Six course credits occupational preparation education, which shall consist of:

(A) Occupational Preparation I or Employment Preparation I: Science;

(B) Occupational Preparation II, or Employment Preparation II: Citizenship 1A and Employment Preparation II: Citizenship 1B;

(C) Occupational Preparation III or Employment Preparation III: Citizenship 2A and Employment Preparation III: Citizenship 2B; and

(D) Occupational Preparation IV or Employment Preparation IV: Math.

(7) Four elective credits in career and technical education.

(c) A student who first enrolled in Grade 9 in the 2021-2022, 2022-2023, 2023-2024, 2024-2025, or 2025-2026 school years shall earn a total of 22 course credits, including the following:

(1) Four course credits in the content area of English and language arts, which shall consist of:

(A) English I;

(B) English II;

(D) English IV.

(2) Three course credits in the content area of mathematics, which shall consist of:

(A) Introduction to Mathematics;

(B) NC Math I;

(D) Employment Preparation IV: Math, including 150 of the work hours required by Subparagraph (d)(1) of this Rule.

(3) Three course credits in the content area of science, which shall consist of:

(A) Biology;

(B) Applied Science; and

(4) Four course credits in the content area of social studies, which shall consist of:

(A) Founding Principles of the United States of America and North Carolina: Civic Literacy;

(B) Economics and Personal Finance;

(C) Employment Preparation II: Citizenship 1A, including 75 of the work hours required by required by Subparagraph (d)(1) of this Rule; and

(D) Employment Preparation II: Citizenship 1B, including 75 of the work hours required by required by Subparagraph (d)(1) of this Rule.

(6) Two additional course credits occupational preparation education, which shall consist of:

(A) Employment Preparation III: Citizenship 2A, including 75 of the work hours required by required by Subparagraph (d)(1) of this Rule; and

(B) Employment Preparation III: Citizenship 2B, including 75 of the work hours required by required by Subparagraph (d)(1) of this Rule.

(7) Four elective credits in career and technical education.

(d) In addition to completing the course credits listed in this Rule, the student must complete the following:

(1) 600 work hours consisting of the following:

(A) 150 hours of school-based vocational training with activities and experiences that align with the student's postsecondary plans;

(B) 225 hours of community-based vocational training; and

(C) 225 hours of paid employment or 225 hours of unpaid vocational training, an unpaid internship, paid employment at a community rehabilitation facility, or community service.

(2) A career portfolio.

(3) Any other objectives identified in the student's IEP.

(e) In determining whether a student who is the child of a military family has satisfied the requirements established by this Rule, the governing body of a public school unit shall consider and comply with all requirements of the Interstate Compact on Educational Opportunity for Military Children, codified at G.S. 115C-407.5.

(f) The governing body of a public school unit shall award a Graduation Certificate to a child with a disability who does not earn a high school diploma by the age of 22 or who completes the requirements of this Rule except for the 225 hours of employment identified in Part (d)(1)(C) of this Rule. The student shall be allowed to participate in high school graduation exercises.

History Note: Authority G.S. 115C-12(9c); 115C-12(9d); 115C-81.5; 115C-81.25; 115C-81.45; 115C-81.90; 115C-83.3; 115C-83.31; 115C-83.32; 115C-106.3;

Eff. December 1, 1999;

Amended Eff. April 1, 2005;

Readopted Eff. January 1, 2025.

16 NCAC 06D .0507 STUDENTS WITH LIMITED ENGLISH PROFICIENCY

History Note: Authority G.S. 115C-12(9b); 115C-81(b)(4); N.C. Constitution, Article IX, Sec. 5;

Eff. December 1, 1999;

Amended Eff. April 1, 2005;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06D .0508 NORTH CAROLINA READ TO ACHIEVE PROGRAM

(a) The governing board of each public school unit shall adopt retention and promotion policies for students in Grade 3 that are consistent with Chapter 115C, Article 8, Part 1A of the General Statutes.

(b) For the purpose of assessing reading proficiency under G.S. 115C-83.7(b)(3), local school administrative units shall utilize the alternative assessment approved by the State Board of Education in accordance with G.S. 115C-83.3. Any alternative assessment approved by the SBE shall include the requirements listed in G.S. 115C-83.6(b) and shall not include the use of a "three-cueing system" as defined in G.S. 115C-83.3(9a).

(c) The board of directors for a charter school may use an alternative assessment of its choice to assess reading proficiency under G.S. 115C-83.7(b)(3), provided that the board of directors notifies the SBE of the assessment it intends to use no later than August 1 of the school year in which it intends to use the alternative assessment. The provisions of this Paragraph shall also apply to the following:

(1) a local board of education, with respect to any school under the local board's jurisdiction that has been authorized to operate under the Restart Model in accordance with 16 NCAC 06G .0317.

(2) a chancellor, with respect to any school operated as a laboratory school under Chapter 116, Article 29A of the General Statutes, if the chancellor accepts funding appropriated by the General Assembly to support the Read to Achieve program.

(d) The governing body of a public school unit shall be responsible for any expenses associated with utilization of an alternative assessment.

(e) For purposes of supplemental tutoring offered in accordance with G.S. 115C-83.8(e), a student is identified as "retained twice" if the student was retained once in Kindergarten, Grade 1, Grade 2, or Grade 3, and was retained again in Grade 3 either by placement in a Grade 3 class or a combined Grades 3 and 4 class in which the student received Grade 3 instruction in reading.

History Note: Authority G.S. 115C-12; 115C-83.1; 115C-83.3; 115C-83.6; 115C-83.7; 115C-83.7A; 115C-83.8; 115C-83.10; 115C-174.11; 115C-218.85;

Eff. July 1, 2014;

Amended Eff. February 1, 2026; January 1, 2025.

16 NCAC 06D .0509 reserved for future codification

16 NCAC 06D .0510 THREE-YEAR GRADUATION

(a) For the purposes of this Rule, the following definitions shall apply:

(1) "Local superintendent" means the superintendent of a local school administrative unit or the staff member with the highest decision-making authority for a PSU, if there is no superintendent.

(2) "Public school unit" or "PSU" is defined in G.S. 115C-5(7a), except that this Rule shall not apply to a charter school unless the charter school has elected to offer a three-year sequence of courses under G.S. 115C-218.85, or to a regional school unless the regional school has elected to offer a three-year sequence of courses under G.S. 115C-238.66.

(b) A student enrolled in a PSU who requests to graduate from high school three years after entering Grade 9 shall do so in accordance with this Rule. This Rule shall apply to a student who enters Grade 11 on or after July 1, 2024, and is at least 16 years of age at the time of graduation.

(c) The student shall complete and sign a 3-year graduation request form provided by the student's PSU. The form shall be signed by the student's parent or legal guardian, unless the student is at least 18 years of age or has been emancipated in accordance with Chapter 7B, Article 35 of the General Statutes.

(d) An administrator from the student's high school or the PSU shall meet with the student and, if the student is under 18 years of age and not emancipated, the student's parent or legal guardian, to discuss the implications of graduating after three years. The administrator shall address, at minimum, the following topics:

(1) plans for transitioning into higher education, employment, or enlistment in the Armed Forces of the United States; and

(2) loss of access to high school services and programming, including extracurricular activities, interscholastic athletics, nutritional services, and school counseling.

(e) The local superintendent shall verify that the student has met the minimum graduation requirements of 16 NCAC 06D .0503 or 16 NCAC 06D .0506.

(f) No later than 45 school days after receipt of a request, the local superintendent shall approve the request upon verification of the student's eligibility and compliance with the procedures set forth in this Rule. If the request is approved during the semester after classes have started, the student may elect to graduate immediately or graduate at the end of the semester. However, if the student does not submit the request until after classes have started, the student shall be required to complete the current semester.

(g) Before students select their course schedules for Grade 9, PSUs shall provide students with information on how to graduate from high school within three years. Such information shall include the topics listed in Paragraph (d) of this Rule as well as a course schedule that, if followed, will satisfy the minimum graduation requirements of 16 NCAC 06D .0503 or 16 NCAC 06D .0506.

History Note: Authority G.S. 115C-12(9d); 115C-83.31; 115C-218.85; 115C-238.66;

Codifier determined that rule did not meet criteria for emergency rule on November 6, 2023. Emergency Adoption Eff. November. 16, 2023;

Temporary Adoption Eff. February 8, 2024;

Eff. January 1, 2025.

SUBCHAPTER 6E ‑ STUDENTS

SECTION .0100 ‑ ATTENDANCE

16 NCAC 06E .0101 ATTENDANCE DEFINED

To be considered in attendance, a student shall be present in the school or at a place other than the school with the approval of the appropriate school official to attend an authorized school activity. These activities include field trips, athletic contests, student conventions, music festivals or similar activities.

History Note: Authority G.S. 115C‑379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

16 NCAC 06E .0102 ATTENDANCE EXCUSED

(a) LEAs shall excuse the temporary absence of a student upon a showing of satisfactory evidence of one of the following bases:

(1) Illness or injury prevents the student from being physically able to attend school.

(2) The local health officer or the State Board of Health orders the isolation of the student.

(3) The student is absent due to the death of a member of the immediate family.

(4) The student has a medical or dental appointment.

(5) The student is a party to or is under subpoena as a witness in the proceedings of a court or administrative tribunal.

(6) The student is absent due to a religious observance in accordance with local school board policy.

(7) The student obtains prior approval to take advantage of a valid educational opportunity, such as travel.

(b) LEAs may excuse temporary or occasional absences for other reasons in accordance with local board policies, provided that the student has been in attendance for at least one-half of the school day.

History Note: Authority G.S. 115C‑379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

16 NCAC 06E .0103 ENFORCEMENT

Each LEA must enforce the state laws and regulations which relate to compulsory attendance. LEAs may adopt rules which allow teachers to consider a student's absences in the computation of the student's grades.

History Note: Authority G.S. 115C‑379;

Eff. July 1, 1986.

16 NCAC 06E .0104 INVOLUNTARY SUSPENSIONS

The absence of a student which results from the suspension or expulsion of that student for misconduct pursuant to the provisions of G.S. 115C-391 shall not be used for a compulsory attendance violation action.

History Note: Authority G.S. 115C-379;

Eff. July 1, 1986;

Amended Eff. June 1, 1996.

16 NCAC 06E .0105 EARLY ADMISSION TO KINDERGARTEN

(a) To determine the eligibility of a four-year-old child to enter kindergarten pursuant to the provisions of G.S. 115C-364(d), the principal shall confer with a committee of professional educators to consider for each child the following factors:

(1) Student Aptitude. The child shall be precocious in academic and social development and shall score at the 98th percentile on a standard individual test of intelligence such as the Stanford-Binet, The Wechsler Preschool and Primary Scale of Intelligence, the Kaufman Anderson, or any other comparable test administered by a licensed psychologist.

(2) Achievement. The child shall be functioning from two to three years beyond the child's peers. The child shall score at the 98th percentile on either reading or mathematics on a standard test of achievement such as the Metropolitan Readiness Test, the Stanford Early School Achievement Test, The Mini Battery of Achievement, the Woodcock-Johnson, the Test of Early Mathematics Ability (TEMA), the Test of Early Reading Ability (TERA), or any other comparable test administered by a licensed psychologist, a member of the psychologist's professional staff, or a professional educator who is trained in the use of the instrument and who has no conflict of interest in the outcome of the assessment.

(3) Performance. The child shall be able to perform tasks well above age peers as evidenced by behaviors in one or more areas such as independent reading, problem solving skills, advanced vocabulary, and some writing fluency. The parent shall submit a sample of the child's work that shows outstanding examples of ability in any area including, but not limited to, art, mathematics, writing, dramatic play, creative productions, science, or social interactions. The principal may also require a teacher to complete an informal reading assessment of the child.

(4) Observable Student Behavior/Student Interest. The child shall demonstrate social and developmental maturity sufficient to participate in a structured setting for a full school day. The child shall be capable of following verbal instructions and functioning independently within a group. The parent shall provide two recommendation letters with specific documentation of physical and social maturity from preschool teachers, child care workers, pediatricians, or others who have direct knowledge of the child. Useful documentation checklists include the California Preschool Competency Scale, the Harrison Scale, or any other comparable scale of early social development.

(5) Motivation/Student Interest. The principal or principal's designee shall conduct an informal interview with the child and a more structured interview with the parent to determine if the child displays a thirst for knowledge and seeks new and challenging learning situations.

(b) The parent shall present the information required by this Rule to the principal within the first 30 calendar days of the school's instructional year. All testing shall be administered after the April 16th that follows the child's fourth birthday. The principal shall decide whether to grant the parent's request for enrollment within three weeks after receiving this information. The principal may conditionally enroll the child for up to 90 days in order to observe whether the child is able to adjust to the school setting. If the principal determines that the child has not adjusted to the school setting, the principal shall deny the request for enrollment. However, before the child is exited from school, the principal shall invite the parent to assist in the development of intervention strategies for the child. If those strategies are not successful, the principal shall provide the parent at least 10 days notice before exiting the child from school so the parent may arrange child care, if needed.

(c) LEAs may require parents to supply information in addition to that required by this Rule. LEAs may also require specific tests or other measures to provide information relating to the factors listed in Paragraph (a) of this Rule.

(d) Early admission to kindergarten shall not automatically result in the placement of the child in the program for academically gifted students. By the time the child has been enrolled for 90 calendar days, or at any earlier time that school officials determine that the child has adjusted satisfactorily and shall be allowed to remain in school, the gifted identification team shall review the child's information to determine if the child shall receive gifted services. If the team determines that the child shall receive gifted services, it shall develop either a differentiated education plan or an individual differentiated education plan for the child.

History Note: Authority G.S. 115C-364(d); N.C. Constitution, Article IX, Sec. 5;

Temporary Adoption Eff. August 18, 1997;

Eff. March 15, 1999.

16 NCAC 06E .0106 Definition of "STUDENT Chronic ABSENTEE"

20 U.S.C. 6311 (h)(1)(C)(viii), requires North Carolina to disseminate an annual State report card that includes student chronic absentee rates. When local school administrative units report student chronic absentee rates, a "Student Chronic Absentee" shall mean a student who has been enrolled in a North Carolina public school for at least 10 school days during a school year and who has been absent for at least 10 percent of the days enrolled.

History Note: Authority G.S. 115C-12(27) and (27a); 20 U.S.C. 6311 (h)(1)(C)(viii);

Eff. September 1, 2020.

16 NCAC 06E .0107 School Violence Acts Defined and the Annual Report of these Crimes

(a) Local Education Agencies (LEAs) shall report the following crimes and offenses within five school days to the Department of Public Instruction:

(1) Homicide as defined in G.S. 14-17 and 14-18;

(2) Assault resulting in serious personal injury as defined in G.S. 14-32.4;

(3) Assault involving the use of a weapon as defined in G.S. 14-32 through 14-34.10;

(4) Rape as defined in G.S. 14-27.21 through 14 -27.25;

(5) Sexual offense as defined in G.S 14-27.26 through 14-27.30;

(6) Sexual activity, battery, contact and penetration under pretext of medical treatment as defined in G.S. 14-31 through 33;

(7) Kidnapping as defined in G.S. 14-39;

(8) Robbery with a dangerous weapon as defined in G.S. 14-87;

(9) Indecent liberties with a minor as defined in G.S. 14-202.1, 14-202.2 and 14-202.4;

(10) Assault with a firearm or powerful explosive as defined in G.S. 14-34 through 14-34.10 and 14-49 through 14-50.1;

(11) Robbery with a firearm or dangerous explosive as defined in G.S. 14-87;

(12) Willfully burning a school building as defined in G.S. 14-60;

(13) Making bomb threats or engaging in bomb hoaxes as defined in G.S. 14-69.2;

(14) Assault on school officials, employees, and volunteers as defined in G.S. 14-33(c)(6);

(15) Possession of a controlled substance in violation of the law as defined in G.S. 90-86 through 90-113.8;

(16) Possession of a weapon on campus or other educational property in violation of G.S. 14-269.2;

(17) Unlawful, underage sales, purchase, provision, possession, or consumption of alcoholic beverages as defined in G.S. 18B-302;

(18) Assault as defined in G.S. 14-33 but not resulting in an injury as severe as defined in G.S. 14-32.4;

(19) Fighting, or affray as defined in G.S. 14-33;

(20) Gang activity as defined in G.S. 14-50.17, 14-50.19 and 14-50.20;

(21) Robbery as defined in G.S. 14-87, but without the use of a dangerous weapon;

(22) Extortion as defined in G.S. 14-118.4;

(23) Communicating threats in violation of G.S. 14-277.1;

(24) Possession or use of tobacco products as defined in G.S. 14-313;

(25) Property damage as defined in G.S. 115C-398;

(26) Bullying or harassing behavior prohibited under policies adopted under G.S. 115C- 407.16;

(27) Cyberbullying as defined in G.S. 14-458.1 and 14-458.2;

(28) Verbal harassment as defined in G.S. 115C-407.15;

(29) Sexual harassment as defined in G.S. 115C-335.5; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e;

(30) Discrimination as defined in Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681-1688; Americans with Disabilities Act, 42 U.S.C. 12101.

(b) These offenses shall be reported when they occur under the following conditions and circumstances:

(1) on school property, defined as any public school building, bus, public school campus, grounds, recreational area, or athletic field in the charge of the principal; or

(2) off school property on a school-sponsored field trip.

History Note: G.S. 115C-12(18), (21); 115C-288(g);

Emergency Adoption Eff. August 20, 2019;

Eff. December 1, 2020.

SECTION .0200 ‑ INTERSCHOLASTIC ATHLETICS

16 NCAC 06E .0201 DEFINITIONS

As used in this Section, the following definitions apply:

(1) "Administering organization" is defined in G.S. 115C-407.50(1).

(2) "Administrative rule" is defined in G.S. 115C-407.55(5).

(3) "Aggrieved party" means a student, coach, participating school, PSU, or other party that is directly and adversely affected by a final decision of a rule administrator enforcing a student participation rule, penalty rule, or gameplay rule. If a student is affected, the student's parent or legal guardian may appeal the final decision pursuant to Rule .0215 of this Section.

(4) "Bona fide purpose" means a purpose not primarily related to participation in interscholastic athletics.

(5) "Final decision" means a written decision of a rule administrator regarding the application or enforcement of rules under this Section to a set of facts or circumstances. A ruling by a referee or official enforcing gameplay rules during an athletic competition, as recorded by the referee or official in the game record maintained by the rule administrator, that results in the ejection or suspension of a player or coach shall be deemed a final decision upon exhaustion of any available mechanisms for review under the rule administrator's internal policies and procedures.

(6) "Gameplay rule" is defined in G.S. 115C-407.55(6).

(7) "Immediate family member" means a spouse, parent, legal guardian or custodian, grandparent, child, grandchild, brother, sister, half-sibling, or step-sibling. The term applies to any such relationship whether by blood, adoption, or marriage.

(8) "Initial entry" means:

(a) a student's first day of attendance at a participating school in which the student is enrolled as recorded by that school; or

(b) the first day on which a student practices or otherwise participates as a member of an interscholastic athletics team at a participating school.

(9) "Interscholastic athletics" or "interscholastic athletic activity" means any extracurricular athletic activity that:

(a) involves students in any Grades 6 through 12;

(b) is sponsored by an individual school, PSU, or administering organization; and

(10) "Local superintendent" means the superintendent of a local school administrative unit, as provided in Chapter 115C, Article 18 of the General Statutes, or the staff member with the highest decision-making authority for a PSU, if there is no superintendent.

(11) "NFHS" means the National Federation of State High School Associations.

(12) "Parent" is defined in G.S. 115C-407.50(6).

(13) "Participating school" means a middle school, junior high school, or high school that elects to participate in interscholastic athletic activities.

(14) "Penalty rule" is defined in G.S. 115C-407.55(3). Penalty rules are set forth in Rule .0209 of this Section.

(15) "Principal" means a school administrator employed as the principal of a school, as provided in Chapter 115C, Article 19 of the General Statutes, or the staff member with the highest decision-making authority at a school, if there is no principal.

(16) "Rule administrator" means any of the following:

(a) An administering organization, when administering and enforcing the rules provided by this Section at the high school level.

(b) A local superintendent or his or her authorized designee, when administering and enforcing the rules provided by this Section at the middle and junior high school level.

(17) "Student health and safety rule" is defined in G.S. 115C-407.55(2). Student health and safety rules are set forth in Rule .0205 of this Section.

(18) "Student participation rule" is defined in G.S. 115C-407.55(1). Student participation rules are set forth in Rule .0207 of this Section.

History Note: Authority G.S. 115C-12(12);115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60; 115C-407.65; 116-235(b);

Eff. July 1, 1986;

Exp. Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

Temporary Adoption Eff. July 1, 2024;

Temporary Adoption Eff. January 2, 2025;

Eff. July 1, 2025;

Amended Eff. July 1, 2026.

16 ncac 06e .0202 interscholastic athletics

16 NCAC 06E .0203 Athletic Injury management

History Note: Authority G.S. 115C-12(12); 115C-47(4); 150B-19(4);

Eff. July 1, 1986;

Amended Eff. July 1, 1994; July 1, 1990;

Codifier of Rules objected to the Findings of Need for the Temporary Rule Eff. December 9, 1994;

Temporary Amendment Eff. December 27, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. August 1, 2000; June 1, 1996; June 1, 1995;

Codifier determined that findings did not meet criteria for temporary rule on December 10, 2001;

Temporary Amendment Eff. December 31, 2001;

Amended Eff. September 30, 2002 (Executive Order No. 33);

Repealed Eff. March 1, 2021.

16 NCAC 06E .0204 ADMINISTRATION OF INTERSCHOLASTIC ATHLETICS

(a) The governing body of a PSU may allow high schools under its jurisdiction to belong to an administering organization designated by the Superintendent of Public Instruction.

(b) An administering organization that has entered a memorandum of understanding with the Superintendent for the purpose of administering interscholastic athletics under this Section shall apply and enforce all the requirements of this Section. An administering organization shall provide training and resources to ensure that all students, parents, and PSU personnel involved in the administration of interscholastic athletics understand and comply with the provisions of this Section.

(c) If the Superintendent enters a memorandum of understanding with one or more administering organizations consistent with G.S. 115C-407.61, the State Board of Education shall delegate to the administering organization(s) its authority over participating schools that are members of the administering organization to:

(1) Apply and enforce student participation rules, as established in Rule .0207 of this Section.

(2) Waive any student participation rule as applied to a specific student, in accordance with 16 NCAC 06E .0207(k).

(3) Apply and enforce student health and safety rules, as established in Rule .0205 of this Section.

(4) Adopt, apply, and enforce penalty rules, consistent with Rule .0209 of this Section.

(5) Adopt, apply, and enforce administrative rules.

(6) Adopt, apply, and enforce gameplay rules.

(7) Collect from all its members a uniform membership fee of either:

(A) one thousand dollars ($1,000) for each participating school; or

(B) one dollar ($1.00) for each student enrolled in a participating school.

(d) An administering organization shall:

(1) Enter into a memorandum of understanding, consistent with the requirements of G.S. 115C-407.55(8) and 115C-407.61, with the Superintendent no later than March 15 prior to the start of the school year in which it is to begin administering interscholastic athletics and no later than March 15 before the expiration of an existing memorandum of understanding;

(2) Submit an audit report signed by an independent certified public accountant or accounting firm, which is in good standing with the North Carolina State Board of Certified Public Accountant Examiners and performs no other tasks or functions for the administering organization besides the annual audit, to the State Board of Education no later than March 15 each year;

(3) Broadcast the meetings of its membership and board of directors in a manner that is announced on its website and which may be viewed electronically by any member of the public;

(4) Provide to the State Board of Education within 30 days any requested organizational records, such as financial information, annual audit reports, and any matters related to or impacting participating schools;

(5) Enter into written agreements with PSUs that allow their eligible schools to participate in interscholastic athletics, which agreements shall include an explanation of the fees to be charged, the obligations of the PSU and participating schools, penalties for the violation of this Section that may be imposed, and an explanation of the process to file an appeal pursuant to Rule .0215 of this Section; and

(6) Publish the organization's rules through a link on the home page of its website.

(e) In the event that the Superintendent is unable to enter a memorandum of understanding with one or more administering organizations in accordance with this Rule, the SBE shall delegate all authority and responsibility provided to an administering organization by this Section to the Superintendent.

(f) A PSU, participating school, PSU employee, or student seeking to report allegations of intimidation or harassment by an administering organization shall file a report with the Superintendent. The report shall be in writing and include a detailed description of the factual basis for the allegations.

(g) The Superintendent shall be responsible for general oversight of interscholastic athletic activities at participating middle and junior high schools. The local superintendent or his or her authorized designees shall apply and enforce the requirements of this Section for participating middle and junior high schools under the jurisdiction of a PSU. The local superintendent or his or her authorized designee may also waive any student participation rule as applied to a specific student enrolled at a middle or junior high school under the jurisdiction of the PSU, in accordance with Rule .0207 of this Section.

(h) Any person or PSU seeking to inquire about or report a violation of any rule enforced by a rule administrator shall direct the initial inquiry or report to the relevant rule administrator in accordance with the policies and procedures adopted by the rule administrator.

(i) If a rule administrator determines that a student, PSU, or other party has violated any of the rules in this Section or any policies or procedures promulgated by the rule administrator under the authority delegated by this Rule, the relevant rule administrator shall render a final decision within 10 business days. The rule administrator's final decision shall contain:

(1) Findings of fact.

(2) Conclusions of law, including a citation to and copy of any rules related to the decision.

(3) A description of any penalties imposed.

(4) Instructions on how the aggrieved party may file a notice of appeal with the Superintendent and a notice that the appeal must be filed within five days after receipt of the final decision.

This Paragraph shall not apply to a ruling by a referee or official enforcing gameplay rules during an athletic competition.

(j) An aggrieved party seeking to appeal a final decision with the Superintendent shall do so in accordance with Rule .0215 of this Section.

(k) Nothing in this Section shall be construed as restricting the independent authority of a PSU to further limit or regulate student participation in interscholastic athletics or other extracurricular activities in accordance with local policies adopted by the governing body of the PSU. Limitations or regulations imposed under local policies shall not be subject to appeal under Rule .0215 of this Section.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50, 115C-407.55; 115C-407.60; 115C-407.65; 116-235(b);

Emergency Adoption Eff. August 20, 2019;

Eff. March 1, 2021;

Temporary Amendment Eff. July 1, 2022;

Amended Eff. July 1, 2023;

Temporary Amendment Eff. July 1, 2024;

Amended Eff. July 1, 2026; July 1, 2025.

16 NCAC 06E .0205 STUDENT HEALTH AND SAFETY

(a) For purposes of this Rule, a concussion is defined as a traumatic brain injury caused by a direct or indirect impact to the head that results in disruption of normal brain function, which may or may not result in loss of consciousness.

(b) An administering organization shall, on an annual basis, provide a concussion and head injury information sheet to all coaches, school nurses, athletic directors, first responders (as defined in Rule .0206 of this Section), volunteers, and students who participate in interscholastic athletic activities, and the parents or legal guardians of those students. The information shall include:

(1) The definitions and symptoms of concussions and head injuries;

(2) A description of the physiology and the potential short-term and long-term effects of concussions and other head injuries;

(3) The medical return-to-play protocol for post-concussion participation in interscholastic athletic activities; and

(4) Any other information deemed necessary by the PSU.

(c) School employees, first responders, volunteers, and students shall sign the information sheet and return it to the coach before participating in interscholastic athletic activities, including tryouts, practices, or competition. Parents shall sign the information sheet and return it to the coach before a child may participate in any such interscholastic athletic activities. The signed sheets shall be maintained in accordance with 16 NCAC 06E .0207(b).

(d) If a coach, athletic director, school nurse, athletic trainer, or first responder (as defined in Rule .0206 of this Section) determines that a student participating in an interscholastic athletic activity is exhibiting signs or symptoms consistent with concussion, the student shall be removed from the activity at the time and shall not be allowed to return to play or practice that day. A student removed from play for exhibiting signs or symptoms consistent with concussion shall not return to play or practice on a subsequent day until the student is evaluated by and receives written clearance for such participation from one of the following:

(1) A physician licensed under Chapter 90, Article 1 of the General Statutes with training in concussion management;

(2) A neuropsychologist licensed under Chapter 90, Article 18A of the General Statutes with training in concussion management and working in consultation with a physician licensed under Chapter 90, Article 34 of the General Statutes;

(3) An athletic trainer licensed under Chapter 90, Article 34 of the General Statutes;

(4) A physician assistant, consistent with the limitations of G.S. 90-18.1;

(5) A nurse practitioner, consistent with the limitations of G.S. 90-18.2; or

(6) A physical therapist, licensed under Chapter 90, Article 18E of the General Statutes.

(e) Each participating school shall develop a venue-specific emergency action plan to deal with serious injuries and acute medical conditions in which the condition of the patient may deteriorate rapidly. The plan must be:

(1) In writing;

(2) Reviewed by an athletic trainer licensed under Chapter 90, Article 34 of the General Statutes;

(3) Approved by the principal of the school;

(4) Distributed to all appropriate personnel;

(5) Posted conspicuously for community and parental awareness at all athletic-sponsored venues; and

(6) Reviewed and rehearsed annually by all licensed athletic trainers, first responders, coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.

(f) Each participating school's emergency management plan shall include:

(1) A delineation of roles;

(2) Methods of communication;

(3) Available emergency equipment; and

(4) Access to and plan for emergency transport.

(g) Each school shall maintain complete and accurate records of its compliance with the requirements of this Rule.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.57; 115C-407.58; 115C-407.60;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Rule Eff. August 20, 2019;

Emergency Rule Exp. Eff. August 20, 2020;

Temporary Adoption Eff. July 1, 2024;

Eff. July 1, 2025;

Amended Eff. July 1, 2026.

16 NCAC 06E .0206 ATHLETIC TRAINERS

(a) Each PSU shall designate for each participating high school within its jurisdiction either a licensed athletic trainer who is qualified pursuant to Chapter 90, Article 34 of the General Statutes or a first responder. These persons may be employed on a full-time or part-time basis or may serve as a volunteer.

(b) If not a licensed athletic trainer, a first responder shall:

(1) Complete and maintain certification in cardiopulmonary resuscitation as certified by an organization such as the American Red Cross or the American Heart Association;

(2) Complete and maintain certification in first aid as certified by an organization such as the American Red Cross or the American Heart Association;

(3) Complete and maintain training in concussion management as offered by an organization such as the NFHS;

(4) Complete and maintain continuing education in injury prevention and management as offered by an organization such as the NFHS; and

(5) Complete 10 hours total of staff development each school year specific to first aid and injury recognition and prevention. The 10 hours may include hours necessary for recertifications or renewals.

(c) The licensed athletic trainer or first responder shall not have concurrent coaching responsibilities during the time in which the person is working as a licensed athletic trainer or first responder.

(d) A licensed athletic trainer or first responder shall attend all practices and games for football and all matches and tournaments for wrestling, unless excused by the local superintendent due to emergency.

(e) Each PSU shall monitor the school athletic trainer's or first responder's compliance with this Rule.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60; 115C-407.65; 116-235(b);

Emergency Adoption Eff. August 20, 2019;

Eff. March 1, 2021;

Temporary Amendment Eff. July 1, 2024;

Amended Eff. July 1, 2025.

16 NCAC 06E .0207 Student participation rules

(a) A student shall not participate in interscholastic athletics on behalf of a North Carolina public school unless the student has satisfied the eligibility requirements set forth in this Rule. PSUs are authorized to determine whether and to what extent students under their jurisdiction may participate in interscholastic athletics, not inconsistent with the requirements of this Rule.

(b) Each PSU shall require the principal of a participating school to sign and date a list of eligible students for each sport. The PSU shall maintain a copy of the most current list in the principal's office and the office of the local superintendent.

(1) For purposes of this Rule, a student's primary residence shall be determined as follows:

(A) If both of the student's parents live together, the residence of both parents.

(B) If the student's parents are separated or divorced, the residence of the parent to whom a court of competent jurisdiction has awarded primary custody of the student. If no custody order has been entered, the student and the student's parents shall designate one parent's residence as the primary residence and communicate that designation to the participating school prior to participation in interscholastic athletic activities. The designated primary residence shall be one that would otherwise render the student eligible to attend that school in accordance with state law and the policies of the governing body of the PSU.

(D) If a student lives with an individual to whom a court of competent jurisdiction has awarded legal guardianship of the student, the residence of that individual.

(E) If a student has been emancipated in accordance with Chapter 7B, Article 35 of the General Statutes, the student's residence at the time of emancipation.

(F) If a student is a foreign national participating in a foreign exchange program authorized by federal and state law, the residence to which the student is assigned by the program or host PSU.

(2) A student shall not participate in interscholastic athletics following a change in primary residence unless the change was made for a bona fide purpose and with the intent that it be permanent. The relevant administering organization shall resolve, by a preponderance of the evidence, any disputes regarding a high school student's primary residence or whether a change in a student's primary residence was for a bona fide purpose.

(3) Notwithstanding Subparagraph (2) of this Paragraph and absent a transfer between participating schools as provided in Paragraph (e) of this Rule, a student shall be eligible to participate in interscholastic athletics on behalf of a participating school in which the student is enrolled if the student has attended any school within the jurisdiction of the same PSU as the participating school for the two preceding semesters.

(d) Enrollment Requirements

(1) A student enrolled in a school supervised by a local board of education shall only participate in interscholastic athletics on behalf of the school to which the student is assigned under G.S. 115C-366.

(2) A student enrolled in a charter school, regional school, or school operated by the University of North Carolina shall meet all the enrollment criteria for that school and attend that school. A student who attends a school described in this Subparagraph shall not participate in interscholastic athletics on behalf of that school unless the student's primary residence is within either:

(A) the county in which the school is located; or

(B) twenty-five miles of the school as determined by the relevant rule administrator.

(3) A local board of education may by policy allow a person who is enrolled in Grade 6 through 12 in a home school, as defined in G.S. 115C-563(a), and whose primary residence is within the board's jurisdiction to participate in interscholastic athletics on behalf of a participating school under the board's jurisdiction, provided that the board either agrees to cover any such person whom it allows to participate under its catastrophic athletic accident insurance policy or verifies that the person is independently covered by catastrophic accident insurance.

(e) Transfer Requirements

(1) After a student's initial entry into Grade 9, and absent a change in residence for a bona fide purpose as provided in Paragraph (c) of this Rule:

(A) A student who transfers from one participating school to another participating school within the same PSU shall not participate in interscholastic athletics for 365 calendar days following the student's enrollment in the new school, unless the governing body of the PSU has adopted a policy allowing immediate eligibility for students who are assigned by the PSU to a different school within the same PSU.

(B) A student who transfers from a participating school in one PSU to a participating school in a different PSU shall not participate in interscholastic athletics for 365 calendar days following the student's enrollment in the new school, unless the governing bodies of both PSUs agree that the transfer was for a bona fide purpose.

(C) If the governing bodies of the PSU disagree that a transfer by a high school student was for a bona fide purpose, the relevant administering organization shall resolve the dispute by a preponderance of the evidence. If the administering organization finds that the transfer was for a bona fide purpose, it may waive the 365-day period of ineligibility in accordance with Paragraph (k) of this Rule and shall notify both PSUs of its decision in writing.

(2) After a student's initial entry into Grade 9, if a student transfers to a new school within 365 calendar days after that school hires a coach for an interscholastic athletics team who was previously employed as a coach for an equivalent sport by the school from which the student is transferring, the student shall be ineligible to participate in interscholastic athletics for that sport for 365 calendar days following the student's enrollment in the new school. An administering organization may waive this restriction for a high school student if it determines by a preponderance of the evidence that the student's transfer was for a bona fide purpose.

(3) A student who receives priority enrollment as the child of a full-time employee of a charter school pursuant to G.S. 115C-218.45(f)(3) shall not be eligible to participate in interscholastic athletics for that charter school if the Department of Public Instruction determines that the parent's employment was a fraudulent basis for the student's priority enrollment. A student determined to be ineligible under this Subparagraph shall be ineligible to participate in interscholastic athletics for 365 calendar days following discovery of the violation.

(4) For purposes of this Paragraph, if a student transfers from a public school to a nonpublic school, including a home school as defined in G.S. 115C-563(a), and within 365 calendar days transfers to a different public school, the transfer from the nonpublic school shall be treated as a transfer from a public school.

(5) A student who transfers to the North Carolina School of Science and Mathematics is exempt from the requirements of this Paragraph upon initial entry into that school.

(6) No student shall participate in more than one season of interscholastic athletics per year in the same sport, regardless of the school on behalf of which the student participated.

(f) Scholastic Requirements

(1) To be eligible to participate in interscholastic athletics, a student must be in good academic standing. For purposes of this Rule, a student shall be deemed to be in good academic standing under the following circumstances:

(A) The student attended at least 85 percent of the total number of instructional days in the PSU during the previous semester, excluding absences qualifying as excused under 16 NCAC 06E .0102;

(B) The student passed at least 70 percent of the courses taken in the preceding semester; and

(C) The student is making sufficient progress toward meeting the academic and curricular requirements of the PSU and the State Board of Education to be promoted to the next grade level or to graduate within the next calendar year.

(2) For the purpose of determining good academic standing during the fall semester, a student may count any course that the student passed in a summer school session toward the total number of courses passed in the preceding spring semester. The summer school course shall not affect the total number of courses attempted in the preceding spring semester.

(3) A student who is promoted from Grade 5 to Grade 6 shall be deemed to have satisfied the requirements set forth in this Paragraph to participate in the first semester of Grade 6.

(4) A student who is promoted from Grade 8 to Grade 9 shall be deemed to have satisfied the requirements set forth in this Paragraph to participate in the first semester of Grade 9.

(g) Age Requirements

(1) Each PSU shall determine the age of a student participating in interscholastic athletics based on a preponderance of the evidence known to the PSU.

(2) A student who is ineligible to participate at one grade level due to age shall be eligible to participate at the next higher grade level only, provided that a student:

(A) Shall be eligible to participate at the middle school level for no more than six consecutive semesters, beginning with the student's initial entry into Grade 6.

(B) Shall be eligible to participate at the high school level for no more than eight consecutive semesters, beginning with the student's initial entry into Grade 9.

(C) Shall not participate on a middle school team if the student becomes 15 years of age before August 31 of that school year.

(D) Shall not participate on a junior high school team if the student becomes 16 years of age on or before August 31 of that school year.

(E) Shall not participate on a high school team if the student becomes 19 years of age on or before August 31 of that school year.

(3) A student in Grade 6 shall not participate in tackle football.

(h) Biological Requirements. All students participating in interscholastic athletics shall comply with the biological participation requirements as provided in G.S. 115C-407.59.

(i) Medical Requirements. To be eligible to participate in interscholastic athletics, a student shall receive a medical examination every 395 days by a licensed physician, nurse practitioner, or physician assistant, subject to the provisions of Chapter 90 of the General Statutes.

(j) A student shall not participate in interscholastic athletics after pleading guilty or "no contest" to, or being convicted of, a felony under the laws of North Carolina, the United States, or any other state. Prior to deeming the student ineligible, the relevant rule administrator shall obtain a certified copy of a criminal record reflecting the plea or conviction and verify that the student is the same individual identified in the criminal record. If the student enters a deferred prosecution agreement, conditional discharge agreement, or similar diversionary program, the student shall remain ineligible during the probationary period imposed by the agreement.

(k) A rule administrator shall, in an individual student's case, waive any eligibility requirement contained in this Rule if it finds by a preponderance of the evidence that enforcing the requirement:

(1) fails to promote academic progress, health, safety, and fair play;

(2) works an undue hardship on a student who has lost eligibility due to circumstances that made participation impossible, such as prolonged illness or injury; or

(3) prevents the reasonable accommodation of a student's disability, as required by the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60; 115C-407.65; 116-235(b);

Temporary Adoption Eff. July 1, 2024;

Eff. July 1, 2025;

Amended Eff. July 1, 2026.

16 NCAC 06E .0208 Amateur ruleS

(a) A student shall not participate in interscholastic athletics after any of the following:

(1) Graduation, except that the student may continue to participate in playoff and state championship contests in spring sports after graduation.

(2) Signing a professional athletic contract, except that the student may continue to participate in any sport for which the student has not signed a professional contract.

(3) Receiving remuneration as a participant in an athletic contest, except that the student may accept a gift, merchandise, or other thing of value, provided that:

(A) The value does not exceed two hundred-fifty dollars ($250.00) per student per season;

(B) The item is totally consumable and nontransferable, or labeled in a permanent manner (e.g., an engraved or monogrammed item); and

(4) Participating on an all-star team or in all-star game or bowl game that is not sanctioned by the administering organization of which the student's school is a member, provided that the student shall be ineligible only for that sport.

(5) Entering into an NIL agreement, unless the student has complied with the requirements of Rule .0211 of this Section.

(b) A student shall not be deemed ineligible under this Rule for any of the following:

(1) Payment by an administering organization, PSU, or athletic booster club affiliated with the student's school or PSU for essential expenses arising from a specific interscholastic athletic contest in which the student participates. Essential expenses shall include the reasonable cost of meals, lodging, and transportation.

(2) Receipt of a nominal, standard fee or salary for instructing, supervising, or officiating an organized youth sports program, recreational activities, playground, or camp, whether or not affiliated with a PSU.

(3) Receipt of an Operation Gold Grant from the United States Olympic Committee.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60; 115C-407.65; 116-235(b);

Temporary Adoption Eff. July 1, 2024;

Temporary Adoption Eff. January 2, 2025;

Eff. July 1, 2025.

16 NCAC 06E .0209 PENALTY RULES

(a) A rule administrator shall impose at least the following penalties on a student, coach, or school official in Grades 6 through 12 who is ejected from an interscholastic athletic contest:

(1) for the first offense, the person shall be reprimanded and suspended from participating in the next game in that sport;

(2) for a second offense, the person shall be placed on probation and suspended from participating in the next two games in that sport;

(3) for a third offense, the person shall be suspended from participation in interscholastic athletics for one calendar year; or

(4) a coach who is suspended shall not coach any team for any grade level during the period of suspension.

(b) Penalties shall be cumulative from sport to sport and from sport season to sport season. If no member of the participating school's coaching staff is present to assume the duties of a head coach who has been ejected from an interscholastic athletic contest, the contest shall be terminated by forfeit.

(c) The PSU that has jurisdiction over a participating school may impose penalties in addition to those imposed by an administering organization.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60;

115C-407.65; 116-235(b);

Temporary Adoption Eff. July 1, 2024;

Eff. July 1, 2025;

Amended Eff. July 1, 2026.

16 NCAC 06E .0210 LIMITATIONS ON RECRUITING AND UNDUE INFLUENCE

(a) No student, coach, professional educator, or other employee of a PSU or administering organization shall subject a student to undue influence for the purpose of inducing or causing the student to transfer from one participating school to another to participate in interscholastic athletics on behalf of the receiving school.

(b) For purposes of this Rule, "undue influence" means communication or conduct undertaken for the purpose and intent of soliciting or encouraging a student to enroll in a participating school, including the following:

(1) Initiating or arranging communication or contact in any form, including letters, email, or phone calls, with the student or an immediate family member of the student.

(2) Visiting or entertaining the student or an immediate family member of the student.

(3) Providing or arranging for transportation for the student or an immediate family member of the student to visit a participating school or meet with anyone associated with the participating school.

(4) Communicating to a student or an immediate family member of the student, either implicitly or explicitly, that a participating school's athletic program or sports team is superior to that of another participating school, or that it would be advantageous for the student to participate in athletics at a specific participating school. Such communication may be oral, written, or audiovisual in format.

(c) A party alleging undue influence shall direct the initial inquiry or report to the appropriate administering organization in accordance with the procedures adopted by the administering organization. The party alleging undue influence bears the burden of proving undue influence by a preponderance of the evidence.

(d) If the administering organization finds by a preponderance of the evidence that the accused party has engaged in undue influence, the administering organization shall impose penalties consistent with its regulations and with Rule .0209 of this Section.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60; 115C-407.65; 116-235(b);

Temporary Adoption Eff. July 1, 2024;

Eff. July 1, 2025.

16 NCAC 06E .0211 name, image, and likeness

(a) As used in this Section:

(1) "Compensation" means anything of value to the student or an immediate family member of the student, including cash, in-kind gifts, discounts, and other tangible benefits.

(2) "Name, image, or likeness" or "NIL" means the use of a student's name, image, or likeness for commercial purposes and in exchange for compensation to the student or an immediate family member of the student.

(3) "NIL agreement" means:

(A) A formal agreement or contract to use a student's name, image, or likeness for commercial purposes and in exchange for compensation to the student or an immediate family member of the student; or

(B) An agency contract, as defined in G.S. 78C-86(1).

(4) "School administrators" includes the principal and athletic director of the student's school, the local superintendent, the chairperson of the PSU governing body, and the head coach of any sport in which the student participates during the terms of an NIL agreement.

(b) A student participating in interscholastic athletics may enter an NIL agreement subject to the following restrictions:

(1) The NIL agreement shall not condition the receipt, type, or extent of any compensation on the extent or quality of the student's athletic performance.

(2) If the student is under 18 years of age, the student's parent or legal guardian shall be a party to the NIL agreement.

(3) The NIL agreement shall hold the following parties harmless from any liability related to, or arising from the NIL agreement:

(A) The governing body of the PSU in which the student is enrolled, as well as its officers and employees.

(B) Any administering organization with which the PSU is affiliated, as well as its officers and employees.

(4) The NIL agreement shall otherwise comply with state and federal law.

(1) No later than 10 business days prior to the execution of a proposed NIL agreement or an amendment to an existing NIL agreement, the student shall provide a complete and unredacted copy of the proposed NIL agreement or amendment to school administrators.

(2) No later than five business days after the execution or amendment of the NIL agreement, the student shall provide a complete and unredacted copy of the executed NIL agreement or amendment to school administrators.

(d) No later than 10 business days prior to a student's entry into an NIL agreement, the student shall complete the NIL education course offered by the NFHS. If the student is under 18 years of age, the student's parent or legal guardian shall also complete the course. Those persons required to complete the course shall provide school administrators with a certificate of completion from the NFHS.

(e) A student participating in interscholastic athletics may enter into an NIL agreement to use the student's name, image, or likeness in any of the following ways:

(1) Public appearances or commercials.

(2) Autograph signings.

(3) Athletic camps and clinics.

(4) Sale of non-fungible tokens ("NFTs").

(5) Product or service endorsements.

(6) Promotional activities, including in-person events and social media advertisements.

(7) Any other commercial activities that are intended to promote a product or service offered by, increase the profits of, or otherwise generate financial benefits for a party to the NIL agreement from the use of the student's name, image, or likeness.

(f) No student engaged in an NIL agreement-related activity shall do any of the following:

(1) Make any reference to a school, PSU, conference, or administering organization.

(2) Receive compensation for the use of intellectual property of any school, PSU, conference, administering organization, or the NFHS. Intellectual property includes the name, uniform, mascot, mark, or logo of the entity that owns the intellectual property.

(3) Appear in the uniform of the student's school or the school's sports team, or otherwise display the intellectual property of any school, PSU, conference, administering organization, or the NFHS.

(g) No student shall endorse or promote the goods or services of any third-party entity with which the student has entered an NIL agreement during interscholastic athletic competition or other school-based activities or events. This restriction applies to the wearing of apparel displaying the mark, logo, brand, or other identifying insignia of the third-party entity, unless it is part of the standard uniform for the school or sport.

(h) No student participating in interscholastic athletics shall enter into an NIL agreement or otherwise use the student's name, image, or likeness to promote any of the following:

(1) An adult establishment, as defined in G.S. 14-202.10(2), or adult entertainment services.

(2) Alcohol or alcoholic products.

(3) Tobacco, vaping or other electronic smoking devices, or other nicotine products.

(4) Cannabis or cannabis products.

(5) Controlled substances, as defined in G.S. 90-87(5).

(6) Opioids or prescription pharmaceuticals.

(7) Weapons, firearms, or ammunition.

(8) Casinos or gambling, including sports betting.

(9) Activities that would disrupt the operations of a school or PSU.

(i) The athletic director of a participating school shall submit a current copy of any executed or amended NIL agreement involving a student at the school to any administering organizations of which the student's school is a member within 30 days of the disclosure of the executed or amended NIL agreement by the student. The administering organization shall maintain accurate records of all NIL agreements received and provide a summary report of all NIL agreements to the State Board of Education no later than June 30 of each year.

(j) No athletic director, coach, other employee of a PSU, member of a PSU governing body, representative of an athletic booster club, or representative of an NIL collective shall engage in any of the following activities:

(1) Use the promise of an NIL agreement to recruit a student to attend a specific participating school or participate in a specific sport;

(2) Act as a student's agent or marketing representative; or

(3) Otherwise facilitate an NIL agreement between a student and a third party.

If the relevant administering organization finds a violation of this Paragraph by a preponderance of the evidence, the administering organization shall impose penalties consistent with its regulations and with Rule .0209 of this Section. A "representative" of an athletic booster club or NIL collective shall include an officer or any person authorized to conduct business on behalf of the organization.

(k) This Rule shall apply to any NIL agreement that a student or the student's parent or legal guardian execute during the time the student is enrolled in a PSU, even if the benefits of said agreement do not accrue to the student or an immediate family member of the student until after the student has graduated.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60; 115C-407.65; 116-235(b);

Eff. July 1, 2025;

Amended Eff. July 1, 2026.

16 NCAC 06E .0215 APPEALS

(a) The Superintendent of Public Instruction shall appoint an independent interscholastic athletics appeals board ("appeals board") to hear and act upon appeals from the final decision of a rule administrator enforcing a student participation rule, penalty rule, or gameplay rule.

(b) An aggrieved party may file an appeal with the Superintendent within five days after receipt of the final decision by completing an appeal form provided by the Superintendent. The aggrieved party shall submit the following information required by the form:

(1) The name of the aggrieved party's participating school and PSU.

(2) The name, address, and phone number of the aggrieved party. If the aggrieved party is a school or PSU, the aggrieved party shall also provide the name, address, phone number, and title of an employee who will serve as the official representative of the school or PSU during the appeal.

(3) The names, email addresses, and phone numbers of the principal and local superintendent.

(4) The names of any students affected by the final decision and the sports in which the student participates.

(5) A description of the facts underlying the final decision.

(6) A description of the final decision, the date it was issued, and the name, email, and phone number of the rule administrator or staff member thereof who issued the final decision.

(7) An argument explaining why the aggrieved party believes the rule administrator's final decision was erroneous for one or both of the reasons provided in Paragraph (g) of this Rule.

(8) If applicable, the date of any imminent interscholastic athletic activity that the final decision may affect.

(9) Any relevant documents or other evidence that the aggrieved party deems relevant to the appeal and that the aggrieved party provided to the rule administrator for consideration prior to the final decision.

(c) The Superintendent shall appoint panels of no fewer than three members of the appeals board to hear and decide individual appeals on behalf of the appeals board. The panel may conduct a live hearing in person or via teleconference. Any hearing so conducted shall be recorded.

(d) The rule administrator may file a response to the aggrieved party's submissions within five days. The panel may shorten the time for filing the rule administrator's response if the decision affects a student's or coach's eligibility to participate in an intervening interscholastic athletic activity.

(e) All parties shall simultaneously provide copies of all records submitted as part of the appeal to the other parties involved. If the aggrieved party is a student, parent, or coach, the parties shall also provide copies of the documents and forms to the local superintendent and principal with jurisdiction over the aggrieved party.

(f) No later than 30 days after the Superintendent's receipt of the appeal, the panel shall issue its judgment.

(g) The panel shall affirm the rule administrator's final decision unless a majority of the panel determines that the final decision either:

(1) Erroneously applies SBE rules or other applicable laws; or

(2) Is not supported by the evidence, based on the following standards of review:

(A) For a ruling by a referee or official enforcing gameplay rules during an athletic competition, the panel shall affirm the referee or official's ruling and uphold the resulting penalty unless the aggrieved party presents clear and convincing evidence to contradict the ruling.

(B) For a final decision of a rule administrator regarding the application of any other SBE rule, the panel shall affirm the final decision unless the aggrieved party demonstrates that the final decision was not supported by substantial evidence, as defined in G.S. 150B-2(8c).

(h) The panel may also remand the final decision to the rule administrator for reconsideration in light of new information or evidence that was not provided to the rule administrator prior to its final decision, if there is an intervening change in any relevant law, or if the panel determines that additional information is necessary to inform its judgment. The panel shall not consider information or evidence presented that was not presented to the rule administrator in the first instance.

(i) The Superintendent, or the Superintendent's authorized designee, may stay a determination of ineligibility or a penalty imposed by the rule administrator pending the judgment of the appeals board.

(j) The panel's judgment shall be deemed a final agency decision and not subject to further appeal to the Superintendent or State Board of Education.

History Note: Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60; 115C-407.65; 116-235(b);

Temporary Adoption Eff. July 1, 2024;

Eff. July 1, 2025;

Amended Eff. July 1, 2026.

SECTION .0300 – DRIVER TRAINING

16 NCAC 06E .0301 Definitions

As used in this Section, the following definitions shall apply:

(1) "Continuing education unit" or "CEU" is defined in 16 NCAC 06C .0301(6).

(2) "Driver education" means instruction provided to students enrolled in North Carolina public schools on the safe and competent operation of a motor vehicle, as defined in G.S. 20-286(10), including both classroom and behind-the-wheel instruction. "Driver training" has the same meaning as "driver education" when used elsewhere in the General Statutes or session laws applicable to the driver education program.

(3) "Driver education instructor" or "instructor" means an individual qualified and employed under Rule .0302 of this Section to serve as an instructor in a driver education program.

(4) "Driver education program" means the standardized program of driver education administered by the Superintendent of Public Instruction in accordance with G.S. 115C-215.

(5) "Learner's Permit" is defined in G.S. 20-7(l)

(6) "Restricted Instruction Permit" is defined in G.S. 20-7(m)(2).

History Note: Authority G.S. 20‑88.1; 115C-12(28); 115C-215; 115C‑216;

Filed as a Temporary Adoption Eff. August 12, 1991 for a period of 180 days to expire on February 7, 1992;

ARRC Objection Lodged August 22, 1991;

Eff. March 1, 1992;

Temporary Amendment Eff. August 15, 1998;

Temporary Amendment Eff. March 15, 2000;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. March 15, 2000 expired on December 10, 2000;

Amended Eff. July 18, 2002;

Readopted Eff. July 1, 2026.

16 NCAC 06E .0302 Driver education INSTRUCTORs

(a) To serve as a driver education instructor for the driver education program administered by the Superintendent of Public Instruction under G.S. 115C-215, a person must meet the following qualifications:

(1) Be at least 21 years of age and have graduated from high school or hold a high school equivalency certificate;

(2) Never have been convicted of a felony and not have been convicted of a misdemeanor in the past ten years;

(3) Not have had convictions of moving violations totaling five or more points in the three years preceding the date of hire as an instructor;

(4) Have at least four years of experience as a licensed operator of a motor vehicle;

(5) Not have had a revocation or suspension of his or her driver's license in the five years immediately preceding the date of hire; and

(6) Have completed one of the following driver education instructor courses:

(A) The Safety and Traffic Education Program administered by the Department of Public Instruction.

(B) The Driver Education Instructor Training Program administered by the North Carolina Division of Motor Vehicles.

(C) An instructor training program administered by a commercial driver training school in accordance with 19A NCAC 03I .0307.

(D) A driver education instructor training program administered by the division of motor vehicles or equivalent agency in another state or United States territory.

(b) A person who meets the qualifications in Paragraph (a) of this Rule may qualify for a teacher license in Safety and Driver Education under 16 NCAC 06C .0304 if the person otherwise qualifies for a professional educator license under Subchapter 06C, Section .0300 of this Chapter and:

(1) Has completed an educator preparation program in driver education or an equivalent license area; or

(2) Holds a teacher license in another license area and applies to add Safety and Driver Education as an additional license area under 16 NCAC 06C .0307.

A person who qualifies for a Safety and Driver Education license pursuant to Subparagraph (b)(1) of this Rule is exempt from the course requirements in Subparagraph (a)(6) of this Rule. To obtain a teacher license in Safety and Driver Education, a qualified instructor shall apply to the State Board of Education in accordance with 16 NCAC 06C .0334.

(1) An instructor who holds a teacher license in Safety and Driver Education shall follow the requirements of 16 NCAC 06C .0360.

(2) An instructor who does not hold a teacher license in Safety and Driver Education shall complete at least eight continuing education requirements (CEUs) once every five years, consisting of the following:

(A) Four CEUs focused safety and driver education; and

(B) Four CEUs focused on pedagogy and classroom instruction.

The five-year renewal cycle shall begin on the date the instructor completed the driver instructor course required by Subparagraph (a)(6) of this Rule. For instructors who completed the course on or before July 1, 2026, the renewal cycle shall begin on that date.

(3) An instructor who holds a commercial driver training instructor license issued by the North Carolina Division of Motor Vehicles shall be deemed to have satisfied the continuing education requirement as long as that instructor license remains active.

(d) Each public school unit shall ensure that driver education instructors in its employment meets the qualifications and continuing education requirements in this Rule. Each public school unit shall report to DPI the status of each of its driver education instructors no later than July 1 of each year. A public school unit shall notify DPI within 30 days if it learns that a driver education instructor in its employment has lost the privilege to drive in North Carolina or any other state.

History Note: Authority G.S. 20-88.1; 115C-215; 115C-216;

Filed as a Temporary Adoption Eff. August 12, 1991 For a Period of 180 Days to Expire on February 7, 1992;

Eff. March 1, 1992;

Readopted Eff. July 1, 2026.

16 NCAC 06E .0303 DRIVER EDUCATION CONTRACTS

(a) A local board of education may contract with a public or private person or entity ("contractor") to administer a program of driver education at high schools under the local board's jurisdiction, provided the contractor complies with the requirements of this Section and Chapter 115C, Article 14 of the General Statutes.

(b) The local board shall award contracts on a competitive basis through requests for proposals. The local board shall establish the process for soliciting proposals, the number of proposals required, and the time and place for receiving and opening proposals. In addition, the local board shall determine whether bid bonds or performance bonds shall be required. Decisions to award contracts shall be based on quality, safety, costs and such other reasonable factors as the local board may establish.

(c) A contract may not be awarded to an entity not licensed by the North Carolina Division of Motor Vehicles as a commercial driving school pursuant to G.S. 20‑322. A contract may be awarded to a person not licensed as a commercial driving school if he or she qualifies as a driver education instructor under Rule .0302 of this Section.

(d) All contracts shall include at least the following provisions:

(1) The term of the contract, which shall not exceed one year.

(2) The procedure for renewal of the contract, if any, except that a contract may not be renewed for more than two successive one‑year terms.

(3) The grounds for termination of the contract, including automatic termination in the event of revocation of the license required by G.S. 20-325.

(4) Whether school facilities or vehicles are to be used by the contractor. The local board shall not charge the contractor any fee for the use of school facilities or vehicles except for damages arising from the negligent, reckless, or intentional acts of the contractor.

(5) The types of vehicles and equipment to be provided by the contractor, if any. Any vehicle or equipment purchased using State funds shall remain the property of the local board, and the local board may not, by the terms of the contract, transfer ownership to the contractor.

(6) An agreement by the contractor to comply with the requirements of this Section and Chapter 115C, Article 14 of the General Statutes.

(7) Other such terms and conditions, including the purchase of insurance by the contractor, as the local board may determine to be reasonable and appropriate.

History Note: Authority G.S. 20‑88.1; 115C-215; 115C‑216;

Filed as a Temporary Adoption Eff. August 12, 1991 For a Period of 180 Days to Expire on February 7, 1992;

Eff. March 1, 1992;

Readopted Eff. July 1, 2026.

16 NCAC 06E .0304 DRIVER Education Program

(a) Each local board of education shall offer a driver education course in high schools under its jurisdiction using the standardized curriculum developed by the Department of Public Instruction pursuant to G.S. 115C-215. The driver education course shall not qualify for course credit under Subchapter 06D, Section, .0500 of this Chapter.

(b) Each driver education course shall include:

(1) At least 30 clock hours of classroom instruction; and

(2) At least 6 hours of behind-the-wheel instruction under the supervision of a driver education instructor.

The local school administrative unit shall determine the number of hours of instruction per day, which may include a combination of classroom instruction and behind-the-wheel instruction.

(c) No more than 50 students may be assigned to a class for classroom instruction. No fewer than two and no more than three students may be in a vehicle during behind-the-wheel instruction. To the extent necessary to ensure equal access to the driver education program, the LSAU shall provide reasonable accommodations to a student with a disability consistent with the Americans with Disabilities Act, the Individuals with Disabilities in Education Act, and Section 504 of the Rehabilitation Act of 1973.

(d) The LSAU shall offer the driver education course throughout the calendar year as reasonable based on available personnel and resources.

(e) Prior to beginning behind-the-wheel driving instruction, a student shall obtain a Learner's Permit or a Restricted Instruction Permit issued by the Division of Motor Vehicles ("DMV").

(f) The principal of each high school shall approve each student at that school who meets the requirements in G.S. 115C-215(a) for enrollment in the driver education course.

(g) The LSAU shall issue a certificate to each student who completes either classroom instruction or behind-the-wheel phases of the driver education course.

(h) The LSAU shall submit the following reports to the Department of Public Instruction:

(1) Quarterly Reports – due July 15th, October 15th, January 15th, and April 15th of each fiscal year:

(A) Total number of students enrolled in the classroom and driving phases of the driver education program at each school within the LSAU, including the total number in each grade level from Grade 8 through Grade 12.

(B) Total number of students enrolled in the driver education program who are identified as a child with a disability, as defined in G.S. 115C-106.3(1).

(D) Total number of students receiving special accommodations or resources from the LSAU to complete the driver education program.

(2) Annual Reports – due July 15th of each fiscal year:

(A) Whether the driver education program is directly managed by the PSU or managed by a contractor pursuant to Rule 06E .0303 of this Section and, if the program is managed by a contractor, the name of the contractor.

(B) A list of driver education instructors employed by the LSAU. The list shall identify any instructors who hold a teacher license in Safety and Driver Education or a commercial driver training instructor license issued by the DMV. The list shall specify the next deadline for each instructor to complete the continuing education units required by 16 NCAC 06E .0302(c).

(i) Two or more local boards of education may jointly operate a driver education course under a written agreement meeting the requirements of G.S. 160A-460 et seq. The agreement shall provide for one local board of education to assume administrative responsibility for the course.

(j) If the Department of Public Instruction determines that the LSAU is out of compliance with any provision of this Section, DPI may withhold additional State funding allocated to the LSAU for its driver education program until such time as DPI determines that the LSAU is back in compliance.

History Note: Authority G.S. 20‑88.1; 115C-215; 115C‑216;

Eff. July 1, 2026.

16 NCAC 06E .0305 DRIVing ELIGIBILITY CERTIFICATES

(a) For purposes of this Rule:

(1) "School administrator" means one of the following officials within the public school unit ("PSU") in which a student is enrolled:

(A) For a local school administrative unit ("LSAU"), the principal of the student's school or the principal's designee, provided the designee is an employee of the LSAU authorized to access the student's educational record.

(B) For a charter school, the designee of the board of directors, provided the designee is an employee of the charter school authorized to access the student's educational record.

(2) "Senior PSU official" means one of the following officials within the PSU in which a student is enrolled:

(A) For a local school administrative unit, the local superintendent or designee, provided the designee is senior in authority to the principal.

(B) For a charter school, the board of directors or designee, provided the designee is senior in authority to the school administrator.

(3) "Student" means a person under 18 years of age who is seeking a limited learner's permit or provisional driver's license under G.S. 20-11.

(b) The school administrator shall provide a driving eligibility certificate to a student if:

(1) The student is eligible for the certificate under G.S. 20-11(n)(1) and is not subject to G.S. 20-11(n1); or

(2) The student is eligible for the certificate under G.S. 20-11(n)(1) and G.S. 20-11(n1).

(c) The PSU shall provide students with the right to appeal the denial of a driving eligibility certificate by the school administrator to a senior PSU official. The senior PSU official shall issue the driving eligibility certificate if the official determines that the school administrator's decision is not supported by the factual record or is inconsistent with the requirements of Paragraph (b) of this Rule.

(d) The school administrator shall notify the North Carolina Division of Motor Vehicles whenever a student no longer meets the requirements for a driving eligibility certificate and the student has exhausted all rights to appeal within the LSAU.

(e) For purposes of this Rule and of G.S. 20-11 and 20-13.2:

(1) The equivalency of a high school diploma shall include either of the following:

(A) A credential issued by the General Educational Development Testing Service (i.e., a "G.E.D.").

(B) An Adult High School Diploma issued by the North Carolina State Board of Community Colleges.

(2) A student shall be deemed to be making progress toward obtaining a high school diploma if the student passes at least 70 percent of the maximum possible courses in each semester and is meeting the promotion standards established by the PSU.

(3) A student shall be deemed unable to make progress toward obtaining a high school diploma or its equivalent under G.S. 201-11(n)(1)c. if the student has been identified as a child with a disability in accordance with Chapter 115C, Article 9 of the General Statutes and the student's IEP team has determined that, due to the disability, the student cannot satisfy the state graduation requirements under Subchapter 06D , Section .0500 of this Chapter or the requirements for the equivalency of a high school diploma.

(4) "Substantial hardship" means a demonstrable burden on the student or the student's family, including any of the following circumstances:

(A) The student's parent is unable to drive due to documented illness or other mental or physical impairment, and the student is the only other person of driving age in the household.

(B) The student requires transportation to and from a job that is necessary for the welfare of the student's family, and the student is unable to obtain transportation by any other means.

(C) The student has been unable to attend school for documented medical reasons, but the student has demonstrated the ability to make progress toward a high school diploma or its equivalent.

(5) "Exemplary student behavior" means that, since returning to school or an alternative educational setting, the student has not:

(A) Committed additional acts of misconduct for which expulsion, suspension, or assignment to an alternative educational setting is required; or

(B) Violated policies of the governing body of the PSU that may result in disciplinary action against the student.

(6) A student shall be deemed to have successfully completed a drug or alcohol treatment counseling program if the student has completed at least 12 hours of either:

(A) Alcohol or drug treatment or counseling;

(B) A mental health treatment program; or

History Note: Authority G.S. 20-11; 20-13.2; 115C-12(28);

Eff. July 1, 2026.

SUBCHAPTER 6F ‑ GENERAL PUBLIC RELATIONS

16 NCAC 06F .0101 DEFINITIONS

As used in this Section:

(1) "Local matching funds" included in the community schools approved budget means that fiscal support which is derived from all local revenue sources, except that LEAs may not use fees charged to program participants or funds derived from charges for the use of facilities as revenue for this budget.

(2) "Local interagency advisory council" means a system‑wide council comprised of community agency representatives. The council may also include representatives from local organizations, groups and institutions as deemed appropriate.

History Note: Authority G.S. 115C‑206;

Eff. July 1, 1986.

16 NCAC 06F .0102 LOCAL REQUIREMENTS

LEAs which elect to apply for state community schools funds and to develop a local program must:

(1) appoint a community schools advisory council;

(2) adopt policies, rules and plans for increased community involvement in public schools and their programs; and

(3) adopt policies, rules and plans for increased use of public school facilities by individuals, organizations and agencies.

History Note: Authority G.S. 115C‑206;

Eff. July 1, 1986.

16 NCAC 06F .0103 APPLICATION PROCESS

LEAs make application to participate on forms supplied by the Department. The LEA must include in the application:

(1) plans for establishing and involving local community schools advisory councils;

(2) policies for increased community involvement including volunteers in public schools and increased community use of public school facilities;

(3) procedures by which the needs of the community and the existing resources available to meet them are assessed;

(4) the goals and objectives of the proposed program;

(5) the methods and techniques of cooperation, coordination and collaboration with other agencies;

(6) the plan for evaluating the program;

(7) a budget which shows state and local funds to be expended; and

(8) a program description to include:

(a) number of school sites to be used;

(b) age groups to be served;

(d) administrative organization for implementation of the program.

History Note: Authority G.S. 115C‑206;

Eff. July 1, 1986.

16 NCAC 06F .0104 CRITERIA FOR REVIEW

(a) The interagency advisory council on community schools reviews applications according to the following criteria:

(1) definite statement of goals and objectives specifically related to the purposes of the Community Schools Act;

(2) specific, clearly defined program plans which include:

(A) the recruitment, training and use of volunteers as stated in the act;

(B) the involvement of community schools advisory councils throughout the program's existence;

(C) the involvement of agencies in program planning and implementation so as to avoid duplicating or competing with programs offered by other agencies; and

(D) the maximum use of school facilities by individuals, groups, organizations, and agencies;

(3) a locally developed evaluation plan to measure the impact of the program; and

(4) the community schools program budget.

(b) The interagency council makes recommendations to the superintendent, who presents all proposals to the SBE for final approval.

History Note: Authority G.S. 115C‑206;

Eff. July 1, 1986.

SUBCHAPTER 06G ‑ EDUCATION AGENCY RELATIONS

SECTION .0100 ‑ PRIVATE BUSINESS AND TRADE SCHOOLSAND CORRESPONDENCE SCHOOLS

16 NCAC 06G .0101 LICENSING PROCEDURES

16 NCAC 06G .0102 BUSINESS SCHOOL REQUIREMENTS

History Note: Authority G.S. 115C‑570(c);

Eff. July 1, 1986;

Repealed Eff. March 1, 1993.

SECTION .0200 ‑ ACCREDITATION

16 NCAC 06G .0201 ACCREDITATION PURPOSE

History Note: Authority G.S. 115C‑81; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06G .0202 ACCREDITATION PROCEDURES

History Note: Authority G.S. 115C‑81; N.C. Constitution, Article IX, Sec. 5;

Eff. July 1, 1986;

Amended Eff. September 1, 1990;

Repealed Eff. August 1, 1999.

16 NCAC 06G .0203 High School Accreditation Framework

(a) The High School Accreditation Framework is the process whereby public schools or school districts undergo a quality assurance process that includes outside review by the North Carolina Department of Public Instruction (NCDPI).

(b) The process to request an accreditation review and determine high school accreditation is as follows:

(1) The district superintendent shall make the request in writing and submit it to the SBE;

(2) The NCDPI shall conduct the review using three years of data;

(3) The NCDPI shall provide findings to the SBE, and the SBE shall make a decision regarding accreditation; and

(4) The LEA shall be notified of the SBE decision.

(1) The school's performance composite;

(2) The cohort graduation rate, which is the percentage of ninth graders who graduate high school within the same four-year period; and

(3) Factors of post-secondary readiness measures, including:

(A) successful completion of Mathematics III;

(B) ACT, a college readiness assessment; and

(d) Accreditation shall be valid for five years.

History Note: Authority G.S. 115C-12(39); N.C. Const. Art. IX, Sect. 2 and 5;

Eff. April 1, 2014.

SECTION .0300 ‑SCHOOL‑BASED MANAGEMENT AND ACCOUNTABILITY PROGRAM

16 NCAC 06G .0301 LOCAL SCHOOL IMPROVEMENT PLANS

16 NCAC 06G .0302 DIFFERENTIATED PAY

History Note: Filed as a Temporary Rule Eff. November 7, 1989 for a period of 180 days to expire on May 6, 1990;

Authority G.S. 115C‑238.1; 115C-238.4;

Eff. May 1, 1990;

Amended Eff. July 1, 1994; March 1, 1993;

Repealed Eff. June 1, 1996.

16 NCAC 06G .0303 DEFINITIONS

As used in this Section, the following definitions shall apply:

(1) "Achievement Score" means the overall achievement score calculated according to G.S. 115C-83.15(b).

(2) "Assistance team" means an assistance team assigned by the State Board of Education to a low-performing school under G.S. 115C-105.38.

(3) "Continually Low-Performing School" or "CLPS" is defined in G.S. 115C-105.37A(a).

(4) "Education Management Organization" or "EMO" is defined in 16 NCAC 06G .0523.

(5) "Identified student subgroup" means one of the subgroups identified in G.S. 115C-83.15(d1), provided there are at least 30 students served by a school.

(6) "Low-Performing School" is defined in G.S. 115C-105.37(a).

(7) "Restart Model" is defined in G.S. 115C-105.37B(a)(2).

(8) "School Improvement Plan" means the plan described in G.S. 115C-105.37(a1).

(9) "School Reform Model" means one of the following:

(a) Restart Model;

(b) Transformation Model; or

(10) "Transformation Model" is defined in G.S. 115C-105.37B(a)(1).

(11) "Turnaround Model" is defined in G.S. 115C-105.37B(a)(3).

History Note: Authority G.S. 115C-83.15; 115C-105.37; 115C-105.37A; 115C-105.37B; 115C-105.38;

Filed as a Temporary Rule Eff. November 7, 1989 for a period of 180 days to expire on May 6, 1990;

Eff. May 1, 1990;

Amended Eff. June 1, 1996;

Readopted Eff. June 1, 2026.

16 NCAC 06G .0304 SCHOOL IMPROVEMENT PLAN DISPUTE RESOLUTION PROCESS

(a) If a local board of education ("board") does not accept a school's improvement plan within 60 days after the principal initially submitted the plan to the board, the board or the school (hereinafter collectively "the parties") shall have 30 days to file a request with the SBE to resolve any disagreement over the plan. The request shall be signed by either the board chair or the principal. The principal shall represent the position of the school improvement team. The request shall include the school's proposed improvement plan, the board's proposed changes to that plan, and a summary of the disputed issues.

(b) The Superintendent of Public Instruction or the Superintendent's delegee shall appoint a decisionmaker to conduct and control all the proceedings related to the dispute and resolve the dispute.

(c) The decisionmaker shall give the parties the opportunity to submit evidence, state their arguments, and respond to the other party's evidence and arguments.

(d) If the parties reach a voluntary resolution of the dispute before the decisionmaker serves a signed school improvement plan on the parties under Subparagraph (e) of this Rule, they shall serve a school improvement plan signed by all the parties on the decisionmaker. The served plan shall become the school improvement plan.

(e) After the decisionmaker has given the parties the opportunity to submit evidence and arguments, the decisionmaker shall create a school improvement plan that consists of those components on which the parties agree and those components from either the school improvement team's proposed plan or the board's proposed plan that the decisionmaker determines are most likely improve student performance.

(f) Once the decisionmaker has signed the plan and served it on the parties, the decisionmaker's plan shall become the school improvement plan and shall constitute a final resolution of the dispute under G.S. 115C-105.20(b)(5).

(g) Any requests, notices, or correspondence from the decisionmaker or any party required or permitted under this Rule shall be served on the other party and the decisionmaker in the manner prescribed in G.S. 1A-1, Rule 5 of the North Carolina Rules of Civil Procedure.

History Note: Authority G.S. 115C-12(9)c4; 115C-105.20(b)(5);

Eff. November 1, 1997;

Readopted Eff. January 1, 2025.

16 ncac 06G .0305 DEFINITIONS

For purposes of this Section, the following definitions shall apply:

(1) "Accountability measures" are SBE-adopted tests designed to gauge student performance and achievement.

(2) "Adequate yearly progress" or "AYP" shall have the same definition as set out in P.L. 107-110, section 1111(b)(2)(C).

(3) "Compliance commission" means that group of persons selected by the SBE to advise the SBE on testing and other issues related to school accountability and improvement. The commission shall be composed of teachers, principals, central office staff representatives, local school board representatives, a charter schools representative, and at-large members who represent parents, business, and the community.

(4) "C-scale" means change scale, which is a standardized scale to measure student performance across the years and content areas. To convert the developmental scale scores to c-scale scores, subtract the state mean for the standard setting year from the developmental scale score, and then divide by the standard deviation for the standard setting year.

(5) "C-ratio" means the ratio of student scores that achieve an academic change of "0.00" or greater to those with an academic change of less than "0.00", including in the numerator for high schools when used for calculating high growth, the factor for change in college tech prep and college university prep graduation rate and the change in competency test pass rate and including in the denominator, the factor for change in drop out rate.

(6) "Eligible students" means the total number of students in membership in the respective grades or enrolled in the respective EOC courses at the time the assessments are administered in a statewide assessment.

(7) "Expected growth" means having met the standard defined by students on average performing as well in their current grade or content as is typical for the same student in previous grades and contents when using the change scale to compare and allowing for a factor of regression to the mean as defined in this policy.

(8) "High growth" means the school has met the standard of having a c-ratio of 1.50 or greater.

(9) "Growth standards" means and includes collectively all the factors defined in this Rule that are used in the calculations described in Paragraph (h) of Rule .0312 of this Section to determine a school's growth/gain composite.

(10) "Performance Composite" is the percent of scores of students in a school that are at or above Achievement Level III, are at a passing level on the North Carolina Computer Skills Test (students in eighth grade only) as specified by 16 NCAC 06D .0503(f), and at proficiency level or above on the state alternate assessments to the extent that any apply in a given school and consistent with United States Department of Education regulations concerning alternate assessments. The SBE shall:

(a) determine the number of scores that are at Level III or IV in reading, or mathematics, or writing across grades 3 through 8, or on all EOC assessments administered as a part of the statewide testing program; add the number of scores that are at a passing level on the North Carolina Computer Skills Test (students in eighth grade only); add the number of scores that are proficient or above on the state alternate assessments and use the total of these numbers as the numerator;

(b) determine the number of student scores in reading, or mathematics, or writing (starting in the 2004-05 school year), across grades 3 through 8, or on all EOC assessments administered as part of the statewide testing program; add the number of students in grade 8; add the number of student scores on the state alternate assessments and use the total of these numbers as the denominator; and

(c) total the numerators for each content area and subject, total the denominators for each content area and subject, and divide the denominator into the numerator and multiply the quotient by 100 to compute the performance composite.

(11) "Regression coefficient" means an adjustment factored into the expected growth formula for the purpose of making a prediction about expected student performance. For the purposes of figuring student growth (academic change) the factor shall be 0.08 when using the average of two previous assessments and 0.18 when using a single assessment.

(12) "Standard setting year" means the first year of the test edition implementation.

(13) "Students with the most significant cognitive disabilities" means students with disabilities whose IEP has determined shall be assessed using an alternate assessment based on alternate achievement standards as determined by their IEP.

(14) "Students with persistent academic disabilities" means students with disabilities assessed using an alternate assessment based on modified grade-level achievement standards as determined by their IEP.

(15) "Weight" means the number of students used in the calculation of the amount of growth for a subject or content area, and the College University Prep/College Tech Prep, the Competency Passing Rate, and the ABCs Dropout Rate components.

History Note: Authority G.S. 115C-12(9)c4.;

Eff. January 1, 1998;

Amended Eff. December 1, 2000;

Temporary Amendment Eff. March 5, 2001;

Amended Eff. January 2, 2006; April 1, 2005; April 1, 2002; September 1, 2001.

16 NCAC 06G .0306 IDENTIFICATION OF LOW-PERFORMING SCHOOLS

The SBE shall identify a school as low-performing if its expected growth composite score is less than zero and its composite performance score is less than 50 percent.

History Note: Authority G.S. 115C-12(9)c4;

Eff. January 2, 1998.

16 NCAC 06G .0307 LOCAL BOARD COOPERATION WITH ASSISTANCE TEAMS

Local boards of education and local school employees shall cooperate with assistance teams in the performance of their duties under G.S. 115C-105.38 and shall comply with all assistance team requests for access to information, documents, students, personnel and meetings.

History Note: Authority G.S. 115C-12(9)c4;

Eff. January 2, 1998;

Readopted Eff. January 1, 2025.

16 NCAC 06G .0308 DUE PROCESS PROTECTIONS FOR EMPLOYEES OF LOW PERFORMING SCHOOLS

(a) At any hearing conducted by a panel of the State Board of Education (SBE) pursuant to the provisions of G.S. 115C-325(q) and G.S. 115C-325.11, the panel shall sit as an impartial tribunal to receive evidence and to decide based on a preponderance of that evidence whether the principal, assistant principal, teacher, supervisor, director, or superintendent (hereinafter referred to as "the employee") shall be reinstated, demoted, or dismissed. The assistance team assigned to the school or district where the employee was assigned shall present the case against the employee with the assistance of any staff or legal counsel appointed by the SBE.

(b) Both the employee and the assistance team shall have the right:

(1) to be represented by counsel at the hearing;

(2) to subpoena witnesses and documents;

(3) to examine and cross-examine witnesses under oath; and

(4) to present relevant evidence using witnesses and documents.

(1) give written notice to the parties of the time and place of the hearing;

(2) make a complete record of the evidence received during the hearing; and

(3) issue subpoenas for witnesses and documents on behalf of any party to the proceedings; and

(4) make any procedural decisions.

(d) In any hearing pursuant to the provisions of G.S. 115C-325(q) and 115C-325.11, the assistance team shall have the burden of proof but, in accordance with G.S 115C-325(q) or 115C-325.11, the findings and recommendations of the assistance team shall be substantial evidence of the inadequate performance of the employee.

(e) The panel's decision shall contain:

(1) findings of fact;

(2) conclusions of law;

(3) a description of any disciplinary actions to be imposed on the employee; and

(4) a statement that the employee may file a notice of appeal to the full SBE within 10 days of receipt of decision by mailing the notice to the State Board of Education's Office of General Counsel, 6301 Mail Service Center, Raleigh, NC 27699-6301, and emailing a copy of the notice of appeal to Office of General for the State Board of Education.

(f) An appeal from the SBE panel's decision to the full SBE shall be on the record. In accordance with a schedule set by the SBE, the employee may submit a written brief of no more than 8,750 words. The assistance team may file a response of no more than 8,750 words within seven business days after service of the employee's brief. Word counts shall conform to Rule 28(j) of the North Carolina Rules of Appellate Procedure and parties shall certify their word counts on the last page of any brief. The SBE shall consider the appeal at its next regularly-scheduled meeting that is at least 20 days after receipt of notice of the appeal and shall render a decision within 30 days after that meeting is adjourned, unless the SBE determines that good cause, as defined by 26 NCAC 03 .0118, exists to extend those periods or the SBE and all the parties agree to extend any period. The members of the panel that decided the case may fully participate in the appeal. The full SBE shall decide the appeal based upon a preponderance of the evidence in the record. The SBE's decision shall include findings of fact, conclusions of law, and a description of any disciplinary actions to be imposed on the employee. Appeal from the SBE decision shall be in accordance with Chapter 150B of the General Statutes.

(g) Before the SBE revokes a superintendent's license or terminates the contract of a superintendent pursuant to G.S. 115C-105.39(c)(2), the SBE shall provide the superintendent with notice of how the superintendent has failed to cooperate with the assistance team or has otherwise hindered the school's ability to improve. The superintendent shall have ten days to deliver a written response to the charges. If the SBE decides to revoke the superintendent's license or terminate the superintendent's contract, the SBE shall make written findings to support those actions. The SBE's decision shall constitute a final agency action subject to review under Chapter 150B of the General Statutes.

(h) If the SBE revokes or refuses to renew a teacher's license pursuant to G.S. 115C-296(d), the procedures set forth in 16 NCAC 06C .0600 shall apply.

(i) Any requests, notices, or correspondence from the SBE or parties required or permitted under this Rule shall be served on the SBE and any other party in the manner prescribed in G.S. 1A-1, Rule 5 of the North Carolina Rules of Civil Procedure.

History Note: Authority G.S. 115C-12(9)c4.; 115C 325(q); 115C-325.11; 115C-105.39(b); 115C-105.39(c);

Eff. January 2, 1998;

Amended Eff. August 1, 1999;

Readopted Eff. January 1, 2025.

16 NCAC 06G .0309 SUSPENSION OF POWERS AND DUTIES OF SCHOOL BOARDS

Before the SBE suspends any of the powers and duties of a local board of education pursuant to the provisions of G.S. 115C-39(b) and 115C-105.39(e), the SBE shall provide written notice to the local board of the reasons for which it is considering suspending those powers and duties. If the local board fails to remedy the reasons presented to it by the SBE within 60 days after receiving written notice, the SBE shall enter an order that incorporates the reasons for suspending the powers and duties, the efforts that the local board has made to remedy those reasons, and the period of time during which those powers and duties shall be suspended. Within the first 45 days following the SBE's notification to the local board, the SBE shall provide the local board an opportunity to present a response in an attempt to reach agreement.

History Note: Authority G.S. 115C-12(9)c4;

Eff. November 1, 1997;

Amended Eff. August 1, 1999.

16 ncac 06g .0310 annual performance standards, grades 9-12

History Note: Authority G.S. 115C-12(9)c4;

Eff. September 1, 1998;

Repealed Eff. December 1, 2000.

16 NCAC 06G .0311 GENERAL KNOWLEDGE TEST FOR CERTIFIED STAFF

History Note: Authority G.S. 115C-105.38A;

Codifier of Rules Objected to the Findings of Need for the Temporary Rule Eff. April 15, 1998;

Temporary Adoption Eff. April 24, 1998;

Temporary Adoption Expired February 9, 1999;

Eff. August 1, 1999;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06G .0312 ANNUAL PERFORMANCE STANDARDS

16 NCAC 06G .0313 ALTERNATIVE SCHOOLS

History Note: Authority G.S. 115C-12(9)c4.;

Eff. April 1, 2005;

Amended Eff. June 1, 2007; January 2, 2006;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 nCAC 06G .0314 ALTERNATIVE SCHOOLS' Modified ACCOUNTABILITY System

(a) This Rule establishes the State Board of Education's (SBE) procedures for alternative schools' participation in the State's Accountability System and shall apply to all alternative schools, including charter schools approved to use the modified accountability system, that have an NCDPI-assigned local education agency (LEA) school code. Accountability indicators and results for students who attend programs or classes in a facility that does not have an LEA school code shall be reported to and included in the students' base school's accountability results.

(b) At the beginning of each school year, local public school and charter school boards shall determine the Option that each alternative school under their jurisdiction will follow for participation in the Alternative Schools' Modified Accountability System. The local board's participation decision shall be reported to the NCDPI's Director of Accountability Services by August 1 of each school year.

(c) Local public school and charter school boards shall select from the following Alternative Schools' Modified Accountability System Options:

(1) Option A. Alternative schools can participate in School Performance Grades as defined by G.S. 115C-83.15 or

(2) Option B. Alternative schools electing to participate in this Option shall be evaluated as follows:

(A) The Components used in the overall school score shall be: 20 percent Student Persistence, which is defined as the percent of alternative students who remain enrolled in any North Carolina public school; 20 percent School Achievement, which is comprised of three years of data using the following indicators: End-of-Grade (EOG) English Language Arts/Reading and Mathematics Assessments at Grades 3–8; EOG Science Assessments at Grades 5 and 8; End-of-Course (EOC) Assessments in Biology, NC Math 1, NC Math 3, and English II; ACT®; ACT WorkKeys; 4-year graduation rate; 5-year graduation rate; and math course rigor; 60 percent Growth, which will be calculated using the Education Value-Added Assessment System (EVAAS).

(B) A change rating will be assigned to schools comparing their previous year score to the current year score. All schools will receive a rating of either: "Progressing," which indicates a change in the score from the previous year by at least +3 points; "Maintaining," which indicates a change in the score from the previous year by -2.9 to +2.9 points; or, "Declining," which indicates a change in the score from the previous year by at least -3 points.

(3) Option C. Alternative schools electing to participate in this Option shall propose modifications to the Accountability System for approval by the SBE. The SBE shall approve the proposed modifications to the system if a preponderance of the evidence proves that the modifications comprise valid and reliable measures of the achievement and growth of the school's students. A request to participate in Option C must be submitted annually to the SBE for approval at its October meeting.

(d) Schools that are identified as Developmental Day Centers (as determined by the Department of Health and Human Services) and schools which are providing special education and related services in public separate settings to students with disabilities shall participate in the Accountability System by administering the appropriate assessment, based on the student's Individualized Education Program created under the Individuals with Disabilities Education Act, 33 U.S.C. 1414, and regulations adopted pursuant to that Act, to all enrolled students, and participating in either Option B or Option C as defined herein. Schools that meet the criteria in this Section shall be reviewed and approved by the Exceptional Children's Division and the Accountability Services Division of the North Carolina Department of Public Instruction before implementing these modifications to the Accountability System.

History Note: G.S. 115C-12(24); 115C-105.35; 115C-83.15;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0315 ACCOUNTABILITY ANNUAL PERFORMANCE STANDARDS

(a) All students enrolled in a public school unit (PSU) in grades 3 through 8 or in high school courses in which an end-of-course (EOC) assessment is administered shall participate in the State Annual Testing Program. PSUs shall report to the North Carolina Department of Public Instruction (NCDPI) test results for:

(1) beginning of grade 3 reading proficiency

(2) grades 3 through 8 end-of-grade (EOG) English language arts/reading and mathematics;

(3) grades 5 and 8 EOG science;

(4) grade 10 EOC English II;

(5) grade 11 EOC assessments in NC Math 1, NC Math 3, and EOC Biology;

(6) grade 11 ACT; and

(7) grade 12 Career and Technical Education Concentrators and WorkKeys.

(b) PSUs shall administer the tests in the Annual Testing Program in accordance with the rules in this Subchapter and the Elementary and Secondary Education Act of 1965 (ESEA), Pub. L. 89-10, 79 Stat. 27, amended by the Every Student Succeeds Act (ESSA), Pub. L. No. 114–95, 129 Stat. 1802 (2015), and the regulations adopted thereunder.

(c) All students entitled to testing accommodations shall participate in the State Annual Testing Program using one of the following assessments as required by the student's accommodation:

(1) The standard test administration with or without accommodations, or

(2) An alternate assessment with or without accommodations.

(d) "Students entitled to testing accommodations" for purposes of this Chapter shall mean:

(1) students with Individualized Education Programs (IEPs) created under the Individuals with Disabilities Education Act, 33 U.S.C. 1414, and regulations adopted pursuant to that Act:

(2) students with a plan created under 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 as implemented through 34 C.F.R. 104.44, and other regulations adopted pursuant to that Act;

(3) students with documented transitory impairments with actual or expected duration of six months or less that affect their ability to demonstrate their knowledge on standard test administrations without accommodation as determined by the LEA; and

(4) students who score below Level 5.0 Bridging on the reading domain of the WIDA Screener/ACCESS for ELLs®.

History Note: G.S. 115C-12; 115C-105.35; 115C-83.15; 115C-174.11(c); 115C-288.66(11); 115C-218.65; 116-239.8(b)(14);

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06G .0316 Purpose and Composition of the State Board of Education's Compliance Commission for Accountability

History Note: Authority G.S. 115C-105.35; Every Student Succeeds Act (ESSA); N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. November 19, 2020.

16 NCAC 06G .0317 SCHOOL REFORM MODELS

(a) A local school administrative unit that wants to implement a school reform model in a continually low-performing school shall follow the provisions of 16 NCAC 06G .0318, 06G .0319, or 06G .0320, depending on the type of school reform model the LSAU wants.

(b) The SBE shall authorize the LSAU to implement the requested school reform model if the LSAU submits the information required by the relevant Rule, and the SBE determines that the LSAU has the ability to implement a School Improvement Plan consistent with the authorized school reform model and is likely to operate the school in an educationally and economically sound manner to improve student learning. The LSAU shall operate the school under the authorized school reform model until the SBE refuses to continue or removes the authorization.

(c) The SBE may refuse to continue or remove authorization to operate a school under a school reform model whenever it determines that:

(1) The school has failed to realize the academic goals in the School Improvement Plan and the failure to reduce administrative barriers that contributed to the school's identification as continually low performing means the school is unlikely to realize those goals within the next two years;

(2) The LSAU has failed to comply with applicable state or federal laws, has failed to provide the SBE with required reports, or failed to submit the School Improvement Plan for SBE approval in accordance with G.S. 115C-105.37A(a);

(3) A school operating under the Restart Model has not demonstrated academic gain in any two years from Year 2 to Year 4 of any five-year cycle and is unlikely to demonstrate academic gain within the next two years;

(4) The LSAU requests removal of the authorization and the SBE determines that the school is more likely to realize greater growth scores or achievement scores without the authority to operate under the approved school reform model; or

(5) If the LSAU continues to operate the school under the approved school reform model, the school is unlikely to meet expected growth under G.S. 115C-83.15(f) and realize lower achievement scores in the next two years.

(d) If the local board of education determines that no school reform model has been or would be effective in removing improving school performance or otherwise concludes that closure of the school is appropriate, it may close the school in accordance with G.S. 115C-72 and reassign the students enrolled in the school to other, higher-achieving schools within the LSAU consistent with Chapter 115C, Article 25 of the General Statutes.

History Note: Authority G.S. 115C-105.37B;

Eff. January 1, 2025;

Amended Eff. June 1, 2026.

16 NCAC 06G .0318 RESTART MODEL

(a) A local school administrative unit that wants to implement a Restart Model in a continually low-performing school shall apply to the State Board of Education by February 28^th of the school year preceding the school year in which the LSAU wants to implement the model. The application shall include the following:

(1) A description of how the LSAU will support the school in providing each student with the opportunity for a sound basic education.

(2) Specific goals for increasing the achievement score, growth score, and subgroup growth scores in the school.

(3) A description of how the LSAU will utilize operational flexibilities to realize the goals identified in Subparagraph (a)(2) of this Rule.

(4) A description of any administrative barriers, such as teacher turnover, that the LSAU believes contributed to the school's identification as continually low-performing and standards for measuring progress in reducing those barriers.

(5) A declaration of intent to contract with an educational management organization to implement the Restart Model, if applicable. The declaration of intent shall include:

(A) The name, address, email, and telephone number for the EMO;

(B) The website for the EMO; and

(C) An explanation of how the services of the EMO will contribute to improved growth scores and achievement scores at the school.

(6) A proposed budget outlining the revenues and expenditures necessary to implement the Restart Model;

(7) A timeline for implementing the Restart Model.

(8) A written commitment to implement the Restart Model for at least five years.

(9) The name of a staff member at the LSAU who shall serve as the point of contact for the school.

(b) If the SBE authorizes an LSAU to implement the Restart Model, the LSAU shall implement the model for a minimum of five school years, unless the SBE removes authorization in accordance with 16 NCAC 06G .0317(c). Subsequent provisions of this rule shall apply to the initial five years and any subsequent five-year period of continued authorization.

(c) Upon receipt of authorization from the SBE, the LSAU shall include the operational flexibilities described in its application as action steps in the School Improvement Plan, specifying the school year(s) in which the operational flexibilities are to be utilized, and submit the School Improvement Plan to the SBE for review and approval in accordance with G.S. 115C-105.37A(a). The revised School Improvement Plan is due to the SBE no later than September 30th following SBE authorization.

(d) The LSAU shall file regular reports with the SBE regarding implementation of the Restart Model, including the following:

(1) By December 1st of Year 2 of initial implementation of the Restart Model and every year thereafter, the LSAU shall submit an annual report that documents how the school utilized the operational flexibilities authorized in the Restart Model in the past year. The annual report shall provide evidence of any measurable progress toward the goals outlined in its application or the prior annual report that can be attributed to the use of those operational flexibilities.

(2) By September 30^th of Year 2 and every year thereafter, the LSAU shall identify continuing, modified, or new goals for the following school year, describe how it intends to utilize operational flexibilities to realize those goals, and document action steps in the School Improvement Plan, specifying the school year(s) in which the operational flexibilities are to be utilized.

(3) By January 31st of Year 5, the LSAU shall submit a report describing and documenting:

(A) All policies, guidelines, or directives it adopted to implement the Restart Model; and

(B) All efforts to reduce administrative barriers identified in the initial application or prior annual reports and all measurable changes to those barriers attributable to those efforts.

(4) By May 31st of the school year following approval by the SBE of an application for continued authorization under Paragraph (g), the LSAU shall submit evidence of how the LSAU has supported the school's operation under the Restart Model and use of operational flexibilities have helped to improve its growth and achievement scores.

(e) To continue operating the school under Restart Model after five years, the school must demonstrate academic gain in at least two of three years from Year 2 through Year 4. A school may demonstrate academic gain under any of the following scenarios:

(1) The school is no longer identified as continually low-performing and has met or exceeded expected growth under G.S. 115C-83.15(f). Under this scenario, the SBE may reduce the reporting requirements in Paragraph (g) of this Rule if the SBE determines that the reduced reporting requirements would not compromise the SBE's ability to make decisions regarding the implementation of the Restart Model in the school.

(2) The school is no longer identified as continually low-performing but has not met expected growth.

(3) The school is still identified as continually low-performing, but the school has met or exceeded expected growth and realized a net increase in its achievement score over five years.

(4) The school is still identified as continually low-performing and realized a net decrease in its achievement school over five years, but the school has met or exceeded expected growth and at least 50 percent of identified student subgroups served by the school have met or exceeded growth under G.S. 115C-83.15(d2).

(5) The school is still identified as continually low-performing and realized a net decrease in its achievement school over five years, but the school has met or exceeded expected growth and demonstrated measurable progress toward at least 50 percent of the operational flexibility goals identified in the initial application or the most recent annual report filed in accordance with Subparagraph (d)(1) of this Rule.

(6) The school is still identified as continually low-performing and has not met expected growth, but the school has realized a net increase in its achievement score of at least five points over five years.

(7) The school is still identified as continually low-performing and has not met expected growth, but the school has realized a net increase in its achievement score of between zero and five points over five years and at least 50 percent of identified student subgroups served by the school have met or exceeded growth under G.S. 115C-83.15(d2).

(8) The school is still identified as continually low-performing and has not met expected growth, but the school has realized a net increase in its achievement score of between zero and five points over five years and demonstrated measurable progress toward at least 50 percent of the operational flexibility goals identified in the initial application or the most recent annual report filed in accordance with Subparagraph (d)(1) of this Rule.

(f) If the school has not demonstrated measurable progress toward academic gain after Year 2, the school shall submit to additional oversight from the SBE beginning in Year 3.

(g) If, at the end of Year 5, the school has demonstrated academic gain and the LSAU wants to continue operating the school under the Restart Model, the LSAU must declare its intent to the SBE by February 28th of Year 5 . The SBE may continue the authorization for another five years unless the SBE determines that continuing to operate the school under the Restart Model is likely to result in lower indications of growth or a decrease in achievement scores.

(h) If the school does not demonstrate academic gain in any two years from Year 2 to Year 4 and the LSAU wants to continue operating the school under the Restart Model, the LSAU shall apply to the SBE for continued authorization by February 28th of Year 5. That application shall include the following:

(1) An explanation of the rationale for requesting continued authorization as well as an explanation of the perceived causes of the decline in the school's growth score and achievement score.

(2) An explanation of the level of decision-making authority and influence with LSAU leadership held by the point of contact for the school.

(3) An explanation of how the LSAU will provide comprehensive and differentiated support the school in a manner beyond the standard support provided to all schools in the LSAU.

(4) An explanation of support that the LSAU will provide to the school principal either directly or through external partners funded by the LSAU.

(5) A description of any new strategies for demonstrating academic gain through the use of operational flexibility or other methods.

(6) A written commitment to cooperate with oversight and support from the SBE during the term of the Restart Model.

The SBE may approve the application and continue the authorization for a period up to five years if the SBE determines the school is likely to demonstrate academic gain under the revised School Improvement Plan. If the SBE continues the authorization under these circumstances, the school shall submit to additional oversight and intensive support from the SBE until it demonstrates measurable progress toward academic gain.

History Note: Authority G.S. 115C-105.37B;

Eff. June 1, 2026.

16 NCAC 06G .0319 Transformation model

(a) A local school administrative unit that wants to implement a Transformation Model in a continually low-performing school shall apply to the State Board of Education by February 28^th of the preceding the school year in which the LSAU wants to implement the model. The application shall include the following:

(1) A description of how the LSAU will implement improvements in the four areas critical to transforming a CLPS listed in G.S. 115C-105.37B(a)(1).

(2) Specific goals for increasing the achievement score, growth score, and subgroup growth scores in the school.

(3) A proposed budget detailing the revenues and expenditures necessary to implement the Transformation Model.

(4) A timeline for implementing the Transformation Model.

(b) An LSAU that has been authorized to implement a Transformation Model shall submit an annual report to the SBE by December 1st of each year describing and documenting how the LSAU has implemented the Transformation Model to improve the school's growth score and achievement score within the preceding school year.

History Note: Authority G.S. 115C-105.37B;

Eff. June 1, 2026.

16 NCAC 06G .0320 turnaround model

(a) A local school administrative unit that wants to implement a Turnaround Model in a continually low-performing school shall apply to the State Board of Education by February 28^th of the preceding the school year in which the LSAU wants to implement the model. The application shall include the following:

(1) A description of the new governance structure to be implemented in the school.

(2) Specific goals for increasing the achievement score, growth score, and subgroup growth scores in the school.

(3) A description of the procedures that the LSAU will use when removing staff, including due process protections where required by law.

(4) A proposed budget outlining the revenues and expenditures necessary to implement the Turnaround Model.

(5) A timeline for implementing the Turnaround Model.

(b) An LSAU that has been authorized to implement a Turnaround Model shall submit an annual report to the SBE by December 1st of each year describing and documenting how the LSAU has implemented the Turnaround Model to improve the school's growth score and achievement score within the preceding school year.

History Note: Authority G.S. 115C-105.37B;

Eff. June 1, 2026.

SECTION .0400 ‑ LOW PERFORMING SCHOOL UNITS

16 NCAC 06G .0401 DEFINITIONS

16 NCAC 06G .0402 IMPROVEMENT PLANS

16 NCAC 06G .0403 CARETAKER ADMINISTRATORS AND BOARDS

16 NCAC 06G .0404 TERMINATION OF LOW PERFORMING SCHOOL UNIT STATUS AND CARETAKERS

History Note: Authority G.S. 115C‑64.5;

Eff. June 1, 1992;

Repealed Eff. November 1, 1997.

SECTION .0500 ‑ CHARTER SCHOOLS

16 NCAC 06g .0501 LIABILITY INSURANCE

(a) Each charter school shall obtain and maintain liability insurance and fidelity bonding of the types and amounts specified in the charter agreement.

(b) The provisions of this Rule shall not preclude any charter school from obtaining liability insurance coverage in addition to or in excess of the requirements of this Rule.

History Note: Authority G.S. 115C-238.29F(c)(1);

Temporary Adoption Eff. November 14, 1997;

Eff. March 15, 1999;

Amended Eff. April 1, 2005.

16 NCAC 06G .0502 CHARTER SCHOOL ADVISORY COMMITTEE

The Charter School Advisory Committee referred to in G.S. 115C-238.29l(d) shall represent the following categories:

(1) charter school officials;

(2) public school employees;

(3) business and community leaders;

(4) local boards of education;

(5) the North Carolina Parents and Teachers Association; and

(6) county commissioners.

History Note: Authority G.S. 115C-238.29G(b);

Eff. August 1, 2000;

Amended Eff. April 1, 2003.

16 nCAC 06G .0503 Charter School Accountability Requirements

History Note: Authority G.S. 115C-83.15, 115C-83.16, 115C-105.20, 115C-218(a)(6), 115C-218.85(a)(3); N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. November 19, 2020.

16 NCAC 06G .0504 Charter Schools Student Admission

All charter schools admission procedures and policies shall comply with G.S. 115C-118.45. Open enrollment for a charter school shall follow the mission statement and targeted population in the State Board of Education approved application. The admissions period shall be no less than 30 consecutive calendar days. If there are more applications than seats available, the charter school shall determine a date, time, and location to hold the lottery required by G.S. 115C-218.45(h). The lottery shall occur during an official meeting that shall be open to the public and subject to Article 33C of Chapter 143 of the General Statutes.

History Note: Authority G.S. 115C-12; 115C-218.45;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06G .0505 Charter Schools Financial Noncompliance – Impact of Financial Noncompliance

(a) There are three stages of financial noncompliance under which a charter school may be placed: cautionary, probationary, and disciplinary.

(b) The presence of any one of the following financial conditions shall result in a charter school being assigned a noncompliance status:

(1) if the charter school fails to report financial, personnel or student data within 10 days of the required or agreed-upon reporting date or does not submit accurate data ;

(2) if the charter school fails to respond to a specific financial, personnel, or student information request for information or data from the Department of Public Instruction by the required reporting date;

(3) if the charter school fails to submit the required audited financial statements to the North Carolina Department of State Treasurer's Local Government Commission, as prescribed by G.S. 115C-218.30 and G.S. 115C-447.

(4) if the charter school shows signs of financial insolvency or weakness, including a decline in student membership based on evaluation of financial statements by an accountant;

(5) if the Office of State Treasurer receives a "non-sufficient funds (NSF)" notification during the course of cash certification processing;

(6) if the charter school receives a material audit finding in its annual independent financial statement audit which indicates a violation of State law, a violation of any of the conditions or procedures set forth in its Charter, a failure to meet generally accepted accounting practices and principles, including sound fiscal management in accordance with G.S. 115C-218.95 and remains unresolved; or

(7) if the charter school's staff fails to attend required financial training.

(c) For these warning conditions, the school's access to the cash management system may be revoked if necessary to prevent the expenditure of funds in violation of the standards in Subparagraph (b)(6) of this Rule until the exception is corrected. Decisions to place a school in Cautionary, Probationary, or Disciplinary status will be based on the evidence of how likely the financial problems of the school are to force the school into an unplanned and unorganized closure if corrective actions are not implemented. Any combination of the above violations may result in a decision to move the charter school to Financial Disciplinary Status without first being held in either the Cautionary or Probationary status. Should a charter school have repeated violations of the same or similar non-compliance condition, the charter school may be moved to Financial Disciplinary Status.

(d) This policy does not preclude the State Board of Education from taking any action with regards to a charter school if so warranted, regardless of the charter school's financial noncompliance status.

(e) The stages of financial noncompliance are as follows:

(1) Level 1: Financial Cautionary Status: A charter school may receive a notification of Financial Cautionary Status for any of the above conditions. The school shall remain in cautionary status for a minimum of 30 calendar days from the date of notification, and during that time must correct the exception(s) that caused the financial warning(s) if applicable. When the exception(s) is corrected as prescribed in the notification of noncompliance by NCDPI, the school will be notified of removal from cautionary status.

(2) Level 2: Financial Probationary Status: A charter school may receive a notification of Financial Probationary Status for any of the above conditions. The school will be placed in Financial Probationary Status, if the school fails to correct the exception(s) during the 30 calendar days cautionary period, unless otherwise stated in the initial notification of noncompliance. The school remains in probationary status for a minimum of 30 calendar days from the date of notification, and during that time must correct the exceptions that caused the financial warnings if applicable. When all of the exceptions have been corrected, the school will be notified of removal from probationary status. While in probationary status, state funds for the school may be allotted on a monthly basis until the exceptions that caused the financial warnings are corrected. Failure to resolve the exceptions may result in the school being placed on Financial Disciplinary Status, referred to the Charter School Advisory Board and/or to the State Board of Education for further action.

(3) Level 3: Financial Disciplinary Status: The school will be placed in Financial Disciplinary Status, if the school fails to correct all of the exceptions during the established timeframe. Any of the financial conditions noted in this policy, or combination thereof, may result in the charter school being placed on Financial Noncompliance Disciplinary status without the benefit of being first held in either the Cautionary or Probationary status. Also, should a charter school have repeat violations of the same or similar non-compliance condition, the charter school may be moved to Financial Disciplinary Status without the benefit of completing either the Cautionary or Probationary status periods.

(f) When in Disciplinary status, the school shall address all of the exceptions that caused the financial noncompliance within 10 business days from the date of notification or otherwise stated. State funds for the school may be allotted on a monthly basis until the exceptions causing the noncompliance are corrected. When all of the exceptions have been corrected, the school will be notified of removal from disciplinary status. Failure to resolve the exceptions will result in the school being referred to the Charter School Advisory Board or to the State Board of Education for further action.

History Note: Authority G.S. 115C-12(5); 115C-218, 115C-218.15, 115C-218.30, 115C-218.95; 115C-408;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06G .0506 Charter Schools Governance Noncompliance

(a) There are three stages of Governance Noncompliance: Governance Cautionary Status, Governance Probationary Status, and Governance Disciplinary Status. The State Board of Education shall place a charter school within a governance non-compliance status based on substantial evidence of any one of the following governance warning conditions. The status imposed shall be based on the degree to which the non-compliance reflects the charter school board's neglect of its corporate obligations.

(1) Failure of the board to conduct meetings in accordance with schedule in the bylaws or the approved charter application and failure to adopt and follow policies regarding the operation of the charter school including Personnel, Disciplinary, and Parental Grievance policies.

(2) Failure to show progress towards the educational and organizational goals described in the approved charter school application.

(3) Failure to maintain minimum student enrollment stated in the charter application or approved waiver to operate under the minimum of 80 students.

(4) Bylaws violations including, failure to follow the Open Meetings Law, failure to maintain Public Records, failure to implement a Conflict of Interest Policy, failure to adhere to rules of Parliamentary Procedure.

(5) Charter Agreement violations including, failure to follow State or federal laws, failure to meet the health and safety standards required in G.S. 115C-218.75, failure to make adequate academic progress as described in the charter application, failure to comply with State testing and accountability statutes and rules in this Chapter, and failure to supply all reports and documentation as requested by the Office of Charter Schools to ensure legal compliance with General Statutes, State Board of Education rules in this Chapter, and the Charter Agreement.

(6) Failure to maintain certification of at least 50 percent of teachers in all grades pursuant to G.S. 115C-218.90 from December 31 of each year through the end of the school calendar year.

(b) The stages of noncompliance are as follows:

(1) Level 1: Governance Cautionary Status: Upon receiving a governance warning for any of the above conditions, the charter school will be placed on Governance Cautionary Status. The school remains in cautionary status for 30 calendar days and during that time must correct the exception that caused the warning. When the 30 calendar days have ended and the exception is corrected, the governance warning will be removed and the school will be removed from cautionary status. Failure to correct the exception during the 30 calendar days cautionary period constitutes a second governance warning and the school will be placed on Governance Probationary Status.

(2) Level 2: Governance Probationary Status: The school remains on Governance Probationary Status for 30 calendar days and during that time must correct the exceptions that caused all of the governance warnings. When the 30 calendar days have ended and the exception is corrected, the governance warning will be removed and the school will be removed from probationary status. Failure to correct the exception during the 30 calendar days probationary period constitutes a third governance warning and the school will be placed on Governance Noncompliance Status.

(3) Level 3: Governance Noncompliance Status: The school remains on Governance Noncompliance Status for 10 calendar days. When in Noncompliance Status, the school is expected to correct all of the exceptions that caused the governance warnings within 10 calendar days. State funds for the school may be allotted on a monthly basis until the exceptions that caused all of the governance warnings are corrected. A School placed in Governance Noncompliance Status may be referred to the Charter Schools Advisory Board for appropriate inquiry and action as determined by the State Board of Education.

History Note Authority G.S. 115C-12; 115C-218; 115C-218.15; 115C-218.30; 115C-218.95;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06G .0507 Charter Schools Renewal Process

(a) To request renewal of a charter, a charter school shall submit a Self-Study form. The North Carolina State Board of Education shall review the Self-Study form and other available information, including information obtained through public records requests, when determining whether the charter school is meeting the standards in G.S. 115C-218.6, the academic goals and mission in the approved charter application, and is operating in accordance with the financial and governance standards in this Subchapter.

(b) The charter holder shall provide the following information in the Self-Study on the form, available on the Office of Charter School's website:

(1) school name;

(2) school mailing address;

(3) primary contact person, including name, title, phone number, fax number, email address, and dated signature;

(4) contact information for the board of directors' chairperson, including name, term of office, mailing address, phone number, fax number, email address, and dated signature;

(5) a letter signed by the Board Chairperson stating the charter holder's intent to seek charter renewal;

(6) school mission statement as stated in the original or amended charter application;

(7) if applicable, revised school mission statement approved by the State Board of Education;

(8) a narrative statement not to exceed two pages explaining how the school is fulfilling the State Board approved mission statement;

(9) five goals the charter holder has for the school during the next five years, including at least one academic goal, one financial goal, and one operational goal;

(10) the name of or a description of the curriculum design currently used by the school;

(11) a summary of instructional methodology or instructional techniques utilized used at the school;

(12) the names of evaluation instruments, other than State-mandated tests, used to assess student performance, including descriptions of those assessments; and

(13) a narrative statement explaining how the school uses student data to improve student learning and to raise the academic performance of all students.

(d) No font smaller than 12 point shall be used in the typed report.

(e) Any charter school seeking renewal may use help from outside the school to complete the Self-Study report.

History Note: Authority G.S. 115C-12; 115C-218(a)(6); 115C-218.6; 115C-218.95;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06G .0508 Charter Schools Application and Review Process

(a) Applicants shall complete and submit the charter application at https://www.dpi.nc.gov/students-families/alternative-choices/charter-schools/applications and deliver the nonrefundable one thousand dollar ($1,000) fee to the Office of Charter Schools no later than 5:00 p.m. on the last Friday in April. The fee shall be in the form of a certified check or money order payable to NC DPI Office of Charter Schools. Applicants may mail the certified check or money order to the Office of Charter Schools, 6307 Mail Service Center Raleigh, NC 27699-6307; or deliver it to the Office of Charter Schools, Department of Public Instruction, 301 N. Wilmington Street, Raleigh, NC. Applicants are responsible for submitting applications and delivering fees to the Office of Charter School by the deadline.

(b) Applications and fees received after the deadline specified in Paragraph (a) of this Rule will not be considered. The Office of Charter Schools shall send written notice to the applicant and signatories of any statement required in G.S. 115C-218.1(a) informing them that the SBE will not consider the application because the applicant did not submit the application or deliver the fee to the Office of Charter School by the deadline.

(c) When determining whether to award a charter, the SBE shall consider any factors relevant to the applicant's academic, financial, and governance plans for the school, including the extent to which the application:

(1) reflects the applicant's commitment to the purposes of the charter school law stated in G.S. 115C-218(a);

(2) describes how the applicant will promote the use of different and innovative teaching methods;

(3) reflects the applicant's understanding of, research into, and planning for educational issues, particularly budgeting, financing, and accounting issues;

(4) describes a board whose size, diversity, and regional affiliations represent the community and are likely to promote community support for the school;

(5) contains articles of incorporation and by-laws;

(6) contains a budget that reflects anticipated revenues and costs, including costs associated with maintenance of the school facilities and projected growth;

(7) contains a plan for acquisition and utilization of a facility consistent with the proposed budget and timeline for opening school;

(8) describes a five year marketing plan that promotes a diverse student population; and

(9) describes other factors that will promote the purposes of the Charter School Act, G.S. 115C-218 et seq.

History Note: Authority G.S. 115C-12; 115C-218; 115C-218.1; 115C-218.5;

Emergency Adoption Eff. August 20, 2019;

Eff. August 23, 2022;

Amended Eff. December 1, 2022.

16 NCAC 06G .0509 Planning Year for New Preliminary Charter Schools

(a) All nonprofit boards eligible to receive a charter for the first time shall participate in a year-long planning program prior to the charter school's opening for students. During this planning year, directors from nonprofit boards holding charters shall attend meetings conducted by consultants from the Office of Charter Schools regarding the following topics: school opening plans, staff development, finance, governance, board training, marketing, statutes and rules governing operation of the school, securing a school site, and hiring a school administrator. Final approval of the charter shall be contingent upon the nonprofit board attending the planning meetings, acquisition of a facility, and commitments from parents or guardians to enroll students that comprise at least 75 percent of the projected enrollment.

(b) The State Board of Education may accelerate the mandatory planning year for a charter applicant that meets the following requirements:

(1) agrees to participate in the planning year while the charter application is being reviewed without any guarantee of charter award; and

(2) demonstrates that there is a facility identified by the applicant that is feasible for opening on an accelerated schedule.

(c) The State Board shall also consider the presence or absence of evidence of the following factors in making its determination of whether to accelerate a planning year:

(1) whether the mission and educational program outlined in the nonprofit board's application will provide parents and students with different educational opportunities than are currently available in the area;

(2) whether local, state, or national nonprofit partnerships have committed to assisting the school;

(3) whether the school will contribute to potential for economic and educational development of the region;

(4) whether an organization that has experience in creating public schools is mentoring the applicant;

(5) whether obstacles to educational reform efforts leave chartering as an available option;

(6) whether an existing charter school board has agreed to mentor the applicant;

(7) whether the nonprofit corporation has existed for more than two years; and

(8) whether the proposed board has previously operated or currently operates a public charter school.

(d) An applicant requesting acceleration shall submit the request to the State Board of Education prior to the application due date for consideration.

History Note: Authority G.S. 115C-12; 115C-218; 115C-218.1; 115C-218.5(b);

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0510 Charter Amendments for Existing Public Charter Schools - Approval Process

(a) The following constitute material charter amendments that require the State Board of Education's ("SBE") approval prior to implementation:

(1) Grade expansion beyond increases contemplated in G.S. 115C-218.8(3);

(2) Relocation outside a 5-mile radius or outside of the Local Education Agency (LEA) identified in the charter;

(3) Transferring the charter to another non-profit entity;

(4) Altering the mission or targeted student population;

(5) Employing or terminating a management company;

(6) Change to the charter application with respect to the National School Lunch program;

(7) Enrollment growth, consistent with requirements in G.S. 115C-218.7.

(b) In determining whether to approve a material charter amendment, the SBE shall consider:

(1) Demonstrated need for the amendment by the charter school;

(2) Impact of the amendment on the student population, governing board of directors, and staff; and

(3) Impact on the LEA.

(c) The following constitute charter amendments that require Department of Public Instruction staff approval prior to implementation, but do not require further approval from the SBE:

(1) Bylaws;

(2) The name of the charter school;

(3) The Articles of Incorporation;

(4) Relocation within a 5-mile radius or outside of the Local Education Agency (LEA) identified in the approved charter application;

(5) Class sizes as stated in the approved charter application;

(6) Length of school day;

(7) Length of academic year;

(8) Curriculum changes;

(9) Change to the charter application with respect to student transportation;

(10) Change to the charter application with respect to changing its food service plan;

(11) Requests to delay the opening of the school by one year; and

(12) Enrollment changes due to an approved one year delay.

(d) In determining whether to approve a material charter amendment, Office of Charter Schools staff shall consider:

(1) Demonstrated need for the amendment by the charter school;

(2) Impact of the amendment on the student population, governing board of directors, and staff; and

(3) Impact on the LEA.

(e) Notwithstanding the foregoing, the Department of Public Instruction may submit any proposed amendment to the SBE for its review and approval or denial.

History Note: Authority G.S. 115C-12; 115C-218.5; 115C-218.7; 115C-218.8;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0511 Charter Amendments for Existing Public Charter Schools – Required Documentation

(a) A charter holder shall submit the following documentation to the State Board of Education when it seeks to amend its approved charter application:

(1) Board meeting minutes reflecting the vote of the Board of Directors for the charter school;

(2) A cover letter explaining the request signed by the nonprofit board chair and lead administrator of the charter school;

(3) A version of the charter application showing proposed amendments as strikethroughs and underlines; and

(4) The proposed amended text to the charter application without strikethroughs or underlines.

(b) If the charter holder does not provide the required documentation, its amendment proposal shall not be processed.

History Note: Authority G.S. 115C-218.7; 115C-218.8;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0512 Fast Track Replication of High Quality Charter Schools – Purpose and Definitions

(a) The State Board of Education (SBE) may grant permission for a non-profit corporation board of directors (board) to replicate either its own successful model, or to employ an educational management company (EMO) or a charter management organization (CMO) as defined Rule .0523 of this Section to replicate a successful model currently being operated under the management of the EMO or CMO. The SBE may also grant permission for a non-profit corporation board to "fast-track" such a replication by foregoing the planning year normally required for approved charter applicants. Rules .0512 through .0515 of this Section outline the criteria and process by which the SBE may authorize fast-track replication.

(b) Nothing in these Rules shall be construed to prohibit a North Carolina non-profit corporation board from applying to replicate another charter school through the regular application process in Rule .0508 of this Section and, upon approval, receive the planning year trainings from NCDPI.

(1) "Charter school model" or "model" mean the mission as defined in the charter application and function of a charter school, including its governance, its curriculum, its organizational structure, its targeted population, and other key characteristics of the school, such as small class size, thematic academics, and extended day.

(2) "Successful model" means a charter school model that meets the eligibility requirements in Rule .0513 of this Section.

(3) "Replication" means the act of copying, recreating, or repeating, a successful charter school model. A "replication" requires the utilization of one charter school "model" to form the creation of a new charter school.

(4) "Fast-Track Replication" is a special form of replication in which the approved applicant foregoes the planning year required of new charter school applicants.

(d) The "fast-track" applicant shall participate in a one-day basic training workshop that will be provided by the Department of Public Instruction. The State Board of Education shall make final decisions regarding "fast-track" replication applications in less than 120 days from the application submission.

History Note: Authority G.S. 115C-218.3;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0513 Fast Track Replication of High Quality Charter Schools – Eligibility

(a) A non-profit corporation board that operates a charter school in North Carolina is eligible to apply to fast-track replicate its existing model only if the non-profit corporation board's current school or schools demonstrate a consistent track record of academic, financial, and operational success. If the board operates more than one school, each school shall meet this standard. To meet this standard, the non-profit corporation board shall meet each of the following conditions at all times while its application is pending:

(1) Each school operated by the non-profit corporation shall:

(A) have academic outcomes comparable to or better than those of the students enrolled in the LEAs in which the charter schools are located; or

(B) meet or exceed growth for the three years preceding the application at issue, by measures contemplated by G.S. 115C-83.15;

(2) Each school operated by the non-profit corporation shall have unqualified audits for the three years preceding the application.

(3) Each school operated by the non-profit corporation shall have resolved any failures to comply with obligations in statute, rules, or the charter agreement cited by the Department of Public Instruction during the three years preceding the application.

(4) A majority of the non-profit corporation board members and a majority of the board officers shall be North Carolina residents.

(b) A non-profit corporation board that does not operate a charter school in North Carolina is eligible to apply to replicate through fast-track replication an existing model operated by an EMO or CMO. The non-profit corporation board is eligible to apply only if the schools operated by the EMO or CMO have a consistent track record of academic, financial, and operational success. The non-profit corporation board is eligible to replicate an existing model operated by the EMO or CMO only if the non-profit corporation board shows that each of the following conditions at all times while its application is pending:

(1) The non-profit corporation board shall demonstrate that each school managed by the EMO or CMO:

(A) have academic outcomes at least comparable to or better than those of the students enrolled in the LEAs in which the charter schools are located; or

(B) meets or exceeds growth for the three years preceding the application at issue based on the growth scores calculated using NC Accountability data.

(2) The non-profit corporation board shall demonstrate that the schools operated in other states by the EMO or CMO meet similarly rigorous standards for academic performance through the presentation of academic performance data from the respective state board of education.

(3) The non-profit corporation board shall demonstrate that each school managed by the EMO or CMO have unqualified audits for three years immediately preceding the application.

(4) The non-profit corporation board shall demonstrate that the schools operated in other states by the EMO or CMO meet similarly rigorous standards for financial performance through the presentation of annual audit data.

(5) A majority of the non-profit corporation board members and at least 50 percent of the board officers shall be North Carolina residents.

(c) "Comparable" means a proficiency score that is no more than five points below the LEA's Grade-Level Proficiency (GLP) score based on NC Accountability data as described in G.S. 115C-83.15, 83.16 and 83.17.

History Note: Authority G.S. 115C-218.3;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0514 Fast Track Replication of High Quality Charter Schools – General Requirements

(a) In addition to the specific requirements set forth in Rules .0512 and .0513 of this Section, the State Board of Education ("SBE") may impose additional requirements in the review, application, and approval process as allowed by G.S. 115C-218(c) to assure that a "fast-tracked" charter school has at least the same probability of success as a charter that completes the planning process in Rule .0509 of this Section.

(b) In addition to considering evidence of student growth, proficiency, and financial audits in the applicant's other schools, the SBE may consider any other relevant factors in determining whether to grant a fast-track replication request, including the following:

(1) the needs of the particular geographical area proposed to be served by the replicated model;

(2) the ability of the non-profit corporation board to manage additional schools;

(3) the abilities and strengths of the non-profit corporation board that seeks to employ the EMO or CMO; and

(4) the community support for the replicated model.

(c) In determining the needs of the particular geographical area, the SBE shall consider whether there are similar charter school options in the geographical area and capacity data for the county's public schools. In determining the community support of the replicated model, the SBE shall consider community survey data, community letters of support, and any other evidence the applicant chooses to present.

History Note: Authority G.S. 115C-218.3;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0515 Fast Track Replication of High Quality Charter Schools – Accountability

(a) A "network" means one or more charter schools operated by a single non-profit corporation board or a single EMO or CMO."

(b) Each school within a network of schools operated by a single non-profit corporation board or a single EMO or CMO is a separate and distinct charter school and shall be assessed based upon its own separate academic, financial, and operational performance.

(c) The strengths or weaknesses of other schools are not factors in determining whether the State Board of Education ("SBE") shall take action against an individual school; however, the strengths and weaknesses of all schools in a network may influence the SBE's decision regarding whether or not to allow fast track replication of a school in that network.

(d) Replicated charter schools shall be subject to the same requirements as other charter schools.

History Note: Authority G.S. 115C-12; 115C-218.3;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0516 Virtual Charter Schools Attendance and Membership - Applicability

(a) A pilot virtual charter school established pursuant to S.L. 2014-100 and approved by the State Board of Education (SBE) through the charter application process is not required to record and report daily attendance to the Department of Public Instruction.

(b) A pilot virtual charter school established pursuant to S.L. 2014-100 as amended by S.L. 2016-94, s. 8.13(a), S.L. 2018-5, s. 7.13, and G.S. 115C-218 et. seq. and approved by the State Board of Education (SBE) through the charter application process is required to keep records of student activity by course and shall report that information to the Department of Public Instruction within 15 days of the end of each school month. The virtual charter school's measurements of student activity shall be defined by the school in a manner consistent with its SBE-approved charter.

(c) A virtual charter school shall define a full instructional course load for each grade level it offers. A student shall be enrolled for at least half of the instructional course load to be considered in membership at the virtual charter school.

(d) A student shall not be counted in the virtual charter school's average daily membership until the school has evidence of student activity in each of his or her courses.

(e) When a student who has no evidence of student activity for 10 consecutive calendar days, excluding holidays, the virtual charter school shall remove the student from the school's enrollment and take the actions required in G.S. 115C-378(e). Upon a determination that the student is not returning to the school, the virtual charter school shall withdraw the student's enrollment and take any actions required in G.S. 115C-378(f). The effective date of withdrawal reported to the Department of Public Instruction shall be the first day after the last day for which there is evidence of student activity.

(f) Virtual schools shall use the statewide student information management system to record and report school and student data.

History Note: Authority G.S. 115C-12(18); 115C-218; 115C-218.30; S.L. 2014-101, s. 8.35; S.L. 2016-94, s. 8.13(a); S.L. 2018-5, s. 7.13;

Emergency Adoption Eff. August 20, 2019;

Eff. October 1, 2020.

16 ncac 06g .0517 Alternative Charter School – Purpose and Applicability

History Note: Authority G.S. 115C-12(24); 115C-218(a)(2); N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. November 19, 2020.

16 ncac 06g .0518 Alternative Charter School – Eligibility

(a) The following definitions apply for purposes of rules in this Chapter:

(1) "Student at risk" means a child enrolled in a public school who, due to circumstances such as an unstable home life, poor socio-economic background, and other factors, either enter or continue in school from a disadvantaged standpoint, at least in relation to other students who are not burdened with such circumstances. Hoke County Board of Education v. State, 358 N.C. 605 at 632 n.13, 599 S.E.2d 365 at 387 n.13 (2004).

(2) "Dropout" means any student who leaves school for any reason before graduation or completion of a program of studies without transferring to another elementary or secondary school.

(b) A charter school that desires to be designated an "alternative school" for purposes of determining and reporting school and student achievement and growth in accordance with G.S. 115C-83.15, 83.16 and 83.17 shall include the request in the charter school application or request for amendment to an approved application.

(c) The charter school application or request for amendment to be an alternative school shall state that the charter school will include grades 9-12, and that at least 75 percent of the school's population in grades 9-12 will be "students at risk" of academic failure.

(d) The charter school application or request for amendment shall also state that the charter school will meet one or more of the following indicators:

(1) the students shall either be released from a juvenile justice facility within the last year, or otherwise be subject to and participating in the juvenile justice court;

(2) the students shall be currently served by a treatment facility licensed pursuant to Chapter 122C of the General Statutes, or have been discharged from such a facility within the last year;

(3) the students shall be currently under suspension for more than 10 days from a public or private school; or

(4) the students shall be high-school dropouts as defined in Subparagraph (a)(2) of this Rule; or be "Student Chronic Absentee(s)" as defined in 16 NCAC 06E .0106.

History Note: Authority G.S. 115C-12(24); 115C-218(a)(2); 115C-105.46; 115C-218.85(a)(3);

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0519 Alternative Charter School - Application

A charter school that meets the eligibility criteria set forth in 16 NCAC 06G .0518 and seeks to be designated as an "alternative school" shall submit an application to the Office of Charter Schools that includes the following:

(1) The school's mission as it relates to the request for designation as an "alternative school";

(2) A designation of which alternative accountability option, as defined 16 NCAC 06G .0314, that it is requesting, which option cannot be changed except at the time of renewal;

(3) The criteria the school plans to use that will meet the eligibility requirements, including the documentation the school will use to support its admissions process;

(4) An admission plan for recruiting at-risk students as described in the application;

(5) An explanation of how the school intends to serve its student population; and

(6) The goals the school is setting for academic achievement for its student population.

History Note: Authority G.S. 115C-12(24); 115C-218(a)(2);

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 Ncac 06g .0520 Alternative Charter School – Application Approval

(a) The Charter School Advisory Board ("CSAB") shall establish a timeline, available on the Office of Charter School's webpage, for the submission of applications for alternative charter schools and for the review and approval of applications.

(b) The CSAB shall develop an application template, available on the Office of Charter School's website, to be used for applicants for alternative charter school designation.

(c) The Office of Charter Schools ("OCS") will first review the alternative charter school application for completeness, give the applicant five days to provide missing information, and will then submit all complete applications to the CSAB for its review.

(d) The CSAB shall review complete applications and make recommendations to the State Board of Education.

(e) The State Board of Education's approval of alternative charter school designation is valid for three years from the effective date of the approval, which effective date will be set forth in the approval document.

History Note: Authority G.S. 115C-12(24); 115C-218(a)(2); 115C-218.2;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0521 Alternative Charter School – Review and Renewal of Designation

(a) The Charter School Advisory Board ("CSAB") shall review each alternative charter school every three years to determine if the school shall continue with its alternative charter school designation. In its review the CSAB shall utilize the criteria set forth in Rule .0519 of this Section. The CSAB shall also evaluate the school's academic progress and compare the goals the school set in its application in Rule .0519(6) of this Section for academic achievement for its student population to its students' actual academic achievements.

(b) If the review shows that the school continues to meet eligibility criteria in Rule .0518 of this Section, is achieving its academic goals, and is in compliance with Chapter 115C, Article 14A of the General Statutes and the rules in this Section, the CSAB shall recommend the school to the State Board of Education for final approval for another three-year designation.

History Note: Authority G.S. 115C-12(24); 115C-218(a)(2);

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0522 Alternative Charter School – Termination of Designation

(a) If at any time it appears the school is not meeting the criteria for designation as an alternative charter school under Rule .0518 of this Section, or is otherwise not in compliance with State or federal laws the Charter School Advisory Board ("CSAB") may:

(1) direct the Office of Charter Schools or the Department of Public Instruction to investigate the school; or

(2) direct the school to appear before the CSAB and respond to questions.

(b) In the event the CSAB finds an alternative charter school is in violation of the terms of its charter or no longer meets the eligibility criteria in Rule .0518 of this Section, the CSAB may recommend the State Board of Education ("SBE") terminate the alternative school designation.

History Note: Authority G.S. 115C-12(24); 115C-218(a)(2); 115C-218(b)(10)(c); 115C-218.95;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 ncac 06g .0523 APPROVAL AND DISCLOSURE OF Management Organizations and Support Organizations

(a) When used in this Section, "Management Organization" means an entity that meets one of the following definitions:

(1) A "Charter Management Organization" (CMO) is a non-profit organization that operates or manages one or multiple charter schools by centralizing support and operations.

(2) An "Education Management Organization" (EMO) is a for-profit organization that contracts with new or existing public-school districts, charter school districts, and charter schools to operate and manage one or multiple charter schools by centralizing support and operations.

(3) A "Charter Support Organization" (CSO) is a for-profit or non-profit, nongovernmental entity that provides:

(A) assistance to developers during the application, planning, program design, and initial implementation of a charter school, or

(B) technical assistance to operating charter schools, including specific and limited services such as professional development, non-profit board development, payroll, and curriculum development.

(b) All applicants for a charter school shall receive SBE approval before partnering with a Management Organization. This approval may be sought as part of the application or renewal processes or through the amendment process. In determining whether to grant approval, the SBE shall consider whether the partnership with the Management Organization is in the best interest of the school, its staff, and its students.

(c) All applicants for a charter school shall disclose existing or contingent partnerships with Charter Support Organizations as part of the applicant's charter application.

History Note: Authority G.S. 115C-218; 115C-218.1; 115C-218.5;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

16 NCAC 06G .0524 Charter schools process for assumption of inadequately performing charter schools

(a) In determining whether a different non-profit entity may assume a charter of an existing charter school the SBE shall comply with the provisions of S.L. 2014-101, s. 6 and consider all factors, including:

(1) Factors relevant to the existing charter school whose charter may be eligible for assumption include:

(A) academic performance;

(B) financial status of the existing school, including outstanding debts;

(D) status of the school facility;

(E) feedback from the school community, including the parents, staff and students; and

(F) any other relevant factor.

(2) Factors Relevant to the non-profit entity seeking to assume the charter of an existing charter school include:

(A) overall financial viability;

(B) academic performance;

(D) existence of any financial and governance compliance issues;

(E) ability of the assuming school to retain existing students; and

(F) any other relevant factor.

(b) No single factor is determinative.

(c) The State Board of Education shall make its decision based on the best interests of the students in the existing charter school.

History Note: Authority G.S. 115C-12; 115C-218.95;

Emergency Adoption Eff. August 20, 2019;

Eff. October 1, 2020.

section .0600 – remote academies

16 NCAC 06G .0601 Remote Academies Hardware and Software Fees

(a) Definitions:

(1) "Damage fee" means "any mandatory payment that a local school administrative unit charges a student enrolled in a remote academy for injury to, abuse of, or loss of hardware or software that the local school administrative unit has provided to the student other than degradation arising from normal use, wear and tear, provided the payments cannot exceed the actual cost of repair or fair market value of the hardware or software, whichever is less."

(2) "Rental fee" means "any mandatory payment that a local school administrative unit requires students enrolled in remote academies to make before the local school administrative unit will give a student access to or possession of any hardware and software needed to participate in the remote academy."

(b) Local administrative units shall not charge students enrolled in remote academies rental fees for use of hardware or software needed to participate in the remote academy but may charge them damage fees.

History Note: Authority G.S. 115C-234.10(b)(1);

Eff. November 1, 2023.

SECTION .0700 – PUBLIC SCHOOL UNIT OVERSIGHT

16 NCAC 06G .0701 PARENTAL CONCERN HEARINGS

(a) For the purposes of this Rule, the following definitions shall apply:

(1) "Child" is defined in G.S. 115C-76.1(2).

(2) "Hearing officer" means an individual who meets the requirements in G.S. 115C-76.60(b)(1)a.

(3) "Parent" is defined in G.S. 115C-76.1(5).

(4) "Practice" means a regular method, process, or course of conduct, whether or not established in the written policies of a PSU, by which the PSU provides the notices or information to parents as required by Chapter 115C, Article 7B, Part 4 of the General Statutes. "Practice" does not include isolated incidents or isolated conduct by individual PSU personnel, including those inconsistent with the established procedures of the PSU.

(5) "Principal" is defined in G.S. 115C-76.1(6).

(6) "Procedure" means a regular method or process, as established in the written policies of a PSU, by which the PSU provides the notices or information to parents as required by G.S. 115C-76.45, or age-appropriate instruction on certain topics as described in G.S. 115C-76.55. "Procedure" does not include isolated incidents or isolated conduct by individual PSU personnel, including those inconsistent with the established procedures of the PSU.

(7) "Superintendent" is defined in G.S. 115C-76.1(8).

(b) A parent who wishes to request a parental concern hearing before the State Board of Education regarding the procedures or practices of a PSU required by Chapter 115C, Article 7B, Part 4 of the General Statutes shall submit a written request to the SBE, with a copy to the local superintendent, and include the following information:

(1) The specific procedures or practices of the PSU about which the parent is concerned.

(2) The specific concerns that the parent has about the procedures or practices of the PSU.

(3) Copies of all written correspondence and summaries of all verbal correspondence with PSU personnel, including date, times, and parties involved for any correspondence conducted by telephone or in person, regarding the parental concern and efforts by the PSU to resolve the concern. The parent shall also include documented evidence that the parent has notified the principal of the school at which the parent's child is enrolled about these concerns at least 30 days prior to requesting a hearing before the SBE.

(4) A description of the relevant facts.

(5) An explanation of why the parent believes that the concerns have not been resolved by the PSU.

(6) A proposed resolution to address the parent's concerns.

(c) Upon receipt of a request in accordance with Paragraph (b) of this Rule, the SBE or its authorized designee shall review the request and determine whether the SBE has jurisdiction to review the matters therein addressed. The SBE or designee may dismiss the request for any of the following reasons:

(1) The parent has failed to provide any of the information required by Paragraph (b) of this Rule.

(2) The parent's concern does not address the procedures or practices of a PSU required by Chapter 115C, Article 7B, Part 4 of the General Statutes.

(3) The parent has failed to provide the PSU 30 days to resolve the parent's concern.

(4) The parent's proposed resolution is not within the legal authority of the PSU or SBE.

(d) If the SBE or designee determines that it has jurisdiction to review the matters addressed in the request, the SBE or designee shall appoint a hearing officer to review the request.

(e) Upon appointment, the hearing officer shall hold a hearing, subject to the following requirements:

(1) The parent and the local superintendent shall attend as parties to the hearing and may be represented by legal counsel, provided that any party intending to be represented notifies the hearing officer at least three business days before the hearing. The hearing officer may delay the hearing if a party requests additional time to secure legal representation.

(2) The hearing officer shall provide the parties with notice of the time and place for the hearing at least five business days in advance. The hearing may be held in person or via teleconference, at the discretion of the hearing officer.

(3) Each party shall provide any documentation or written statements to the hearing officer and the other party at least three business days before the hearing.

(4) Each party shall have up to 30 minutes to present the party's case to and answer questions from the hearing officer. The hearing officer may extend time for each party's presentation at the hearing officer's discretion.

(5) The North Carolina Rules of Evidence, codified at Chapter 8C of the General Statutes, shall not apply to the hearing, and the hearing officer may consider any information that is relevant to the proceedings.

(6) The hearing officer shall arrange for audio and video recording of the hearing.

(f) Within 30 days of appointment and after having conducted a hearing in accordance with Paragraph (d) of this Rule, the hearing officer shall provide a recommendation to the SBE that includes the following:

(1) Findings of fact.

(2) Conclusions of law, including citations to any relevant statutes, rules, or policies.

(3) A proposed resolution to the case, which may include a finding that the parental concern lacks merit.

(g) At the next regularly scheduled meeting of the SBE held more than seven days after receipt of the hearing officer's recommendation, the SBE shall vote to either approve, reject, or amend the hearing officer's recommendation. The decision of the SBE shall be final.

(h) The hearing officer shall provide an invoice to the PSU for the cost of the hearing officer's services, at a rate of two hundred dollars ($200.00) per hour, within 45 days of submitting the hearing officer's recommendation to the SBE. The PSU shall pay the hearing officer within 60 days of receipt of the invoice.

History Note: Authority G.S. 115C-76.60;

Emergency Adoption Eff. November 16, 2023;

Temporary Adoption Eff. February 8, 2024.

Eff. January 1, 2025.

SUBCHAPTER 06H ‑ FEDERAL PROGRAMS

section .0100 – Operation of federal programs

16 NCAC 06H .0101 DEFINITIONS

(a) As used in this Subchapter, the following definitions apply:

(1) "Federal agency" is defined in 2 C.F.R. 200.1.

(2) "Federal award" is defined in 2 C.F.R. 200.1.

(3) "Federal financial assistance" is defined in 2 C.F.R. 200.1.

(4) "Federal program" is defined in 2 C.F.R. 200.1.

(5) "Free appropriate public education" or "FAPE" is defined in 34 C.F.R. 300.101.

(6) "Individualized education program" or "IEP" is defined in 34 C.F.R. 300.320.

(7) "Least restrictive environment" or "LRE" is defined in 34 C.F.R. 300.114.

(8) "Local education agency" or "LEA" is defined in 34 C.F.R. 303.28(a). For the purpose of federal programs administered by the State Board of Education, the term "LEA" includes any public school unit, as defined in G.S. 115C-5(7a), that is a subrecipient of a federal award.

(9) "Parent" is defined in 34 C.F.R. 300.30.

(10) "Recipient" is defined in 2 C.F.R. 200.1. For the purpose of federal programs administered by the State Board of Education, "recipient" includes a "grantee" as defined in 34 C.F.R. 77.1(c).

(11) "State education agency" or "SEA" is defined in 34 C.F.R. 300.41. The State Board of Education is the SEA for the State of North Carolina.

(12) "Subaward" is defined in 2 C.F.R. 200.1.

(13) "Subrecipient" is defined in 2 C.F.R. 200.1. For the purpose of federal programs administered by the State Board of Education, "subrecipient" includes a "subgrantee" as defined in 34 C.F.R. 77.1(c).

(b) The provisions of 2 C.F.R. 200.1 and Subpart A of Part 300 of Title 34 of the Code of Federal Regulations are incorporated by reference throughout this Subchapter, including subsequent amendments and editions thereof. A copy of these regulations is available at no cost from https://www.ecfr.gov/current/title-2/section-200.1 and https://www.ecfr.gov/current/title-34/part-300/subpart-A.

History Note: Authority G.S. 115C-106.3; 115C-107.2; 2 C.F.R. 200.1; 34 C.F.R. 300.28; 34 C.F.R. 300.30; 34 C.F.R. 300.41; 34 C.F.R. 300.101; 34 C.F.R. 300.114; 34 C.F.R. 320;

Eff. July 1, 1986;

Amended Eff. December 1, 1999; June 1, 1996;

Readopted Eff. February 1, 2026.

16 NCAC 06H .0102 OPERATION OF FEDERAL PROGRAMS

(a) The Department administers in accordance with applicable federal regulations such federal education programs as are authorized by Congress and accepted by the SBE.

(b) In administering child nutrition programs, the Department will reclaim and/or withhold funds from any LEA or program sponsor which fails to comply with current federal regulations and state policies until the LEA or program sponsor complies.

History Note: Authority G.S. 115C‑263; 115C‑264; 115C‑409;

Eff. July 1, 1986.

16 NCAC 06H .0103 COMPLAINT PROCEDURES FOR FEDERAL PROGRAMS

(a) This Rule shall apply to federal programs of United States federal agencies that provide federal awards administered by the State Board of Education. The SBE shall receive, review and resolve complaints for which no other procedures or remedies are available by law or contract. These complaints shall involve the allegation that the SBE, an LEA, or a subrecipient has violated a federal statute, federal regulation or SBE rule governing a federal program.

(b) Any person who believes that grounds exist for filing a complaint under Paragraph (a) of this Rule may file a written complaint with the SBE. The complaint shall include the following:

(1) The signature of the complainant;

(2) The name of the party alleged to have violated a federal statute, federal regulation, or SBE rule;

(3) An identification of the federal statute, federal regulation, or SBE rule alleged to have been violated by the party;

(4) A detailed description of facts to support the complaint; and

(5) A description of the relief the complainant is seeking.

(d) The SBE shall review and issue a final written decision for each complete complaint to each party involved within 60 days of receipt, The SBE may extend the time for issuing a final written decision up to an additional 60 days if:

(1) The complainant agrees to an extension; or

(2) The SBE makes a finding good cause, as defined in 26 NCAC .0118(a)(1), for an extension.

(e) The final written decision shall include:

(1) A summary of the relevant and material evidence;

(2) Citations to the relevant federal statute(s), federal regulation(s), and SBE rules;

(3) Findings of material fact;

(4) Conclusions of law regarding each allegation and a summary of the reasons for those conclusions; and

(5) An order for any technical assistance, negotiation, or corrective action that must occur and when those actions must be taken.

(f) If a federal program requires a subrecipient to develop and use a complaint procedure, the complainant may use either the subrecipient's procedure or the SBE procedure. If the complainant uses the subgrantee's procedure, the person may appeal the subrecipient's final decision to the within 30 days of receipt.

History Note: Authority G.S. 115C-12(5); 15C-409; 7 C.F.R. 210.18; 34 C.F.R. 76.770; 34 C.F.R. 300.149–300.151;

Eff. July 1, 1986;

Amended Eff. August 1, 2000;

Readopted Eff. February 1, 2026.

16 NCAC 06H .0104 SALE OF COMPETITIVE FOODS

(a) As used in this Rule, the following definitions shall apply:

(1) "Competitive food" is defined in 7 C.F.R. 210.11(a)(2).

(2) "National School Lunch Program" is defined in 7 C.F.R. 210.2.

(3) "Nonprofit school food service" is defined in 7 C.F.R. 210.2.

(4) "Nonprofit school food service account" is defined in 7 C.F.R. 210.2.

(5) "School campus" is defined in 7 C.F.R. 210.11(a)(4).

(6) "School day" is defined in 7 C.F.R. 210.11(a)(5).

(b) The provisions of Part 210 of Title 7 of the Code of Federal Regulations are incorporated by reference in this Rule, including subsequent amendments and editions thereof. A copy of these regulations is available at no cost from https://www.ecfr.gov/current/title-7/part-210.

(d) Each LEA shall maintain records in accordance with 7 CFR 210.11.

(e) Each LEA may sell competitive foods during the school day, on the school campus, under the following conditions:

(1) All receipts from the sale of these items before the cafeteria closes for the day shall be deposited in the nonprofit school food service account.

(2) Adults may purchase individual food items without purchasing a complete lunch.

(f) Instructional programs in culinary arts, which operate under an approved Career and Technical Education plan and involve the preparation and sale of foods to individuals other than students, are not subject to this Rule.

(g) The State Board of Education may deny the opportunity to participate in the National School Lunch Program to any LEA which operates in violation of this Rule.

(h) No full‑time public school employee is eligible for part‑time employment in nonprofit school food services.

(i) The only adults who may eat in nonprofit school food services are school employees, personnel on official school business, and invited local patrons. These persons shall pay, as a minimum, the adult price for lunch.

History Note: Authority G.S. 115C‑263; 115C‑264; 7 C.F.R. 210.11(b)(1);

Eff. July 1, 1986;

Readopted Eff. February 1, 2026.

16 NCAC 06H .0105 ADMINISTRATION OF SPECIAL EDUCATION PROGRAMS

(a) Implementation of the provisions of this Section which relate to providing special education and related services is the responsibility of the LEA. All agencies not associated with local school administrative units, the Department of Health and Human Services or the Department of Correction must also meet the standards described in this Section if they provide educational services to children with special needs. LEAs shall ensure that an agency meets these standards before they contract for services from such programs.

(b) When a newly identified child with special needs has been diagnosed or evaluated by personnel under the Department of Health and Human Services, appropriate personnel from that department shall contact the LEA of the child's residence and inform that LEA in writing of the evaluation and results.

(c) LEAs, including all local school administrative units and the Departments of Health and Human Services and Correction, shall work together to plan and implement programs and services for children with special needs.

History Note: Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999.

16 NCAC 06H .0106 NON-INSTRUCTIONAL SPECIAL EDUCATION SERVICES

(a) Transportation.

(1) LEAs shall provide or pay for the costs of transportation for children with disabilities enrolled in the schools or programs in their local school systems and shall also provide or pay for the costs of transportation to any private residential or nonresidential program if the student has been placed in or assigned to that private program by the LEA. Transportation funds for this purpose may be provided through local boards of education annual budget transportation allotments that are administered by the School Support Division of the Department. These funds shall be incorporated in the general transportation plan of each local board. For preschool children with disabilities, payment of these transportation costs must be made from either federal or state preschool program funds.

(2) If a child with disabilities is assigned to or enrolled in any residential or nonresidential program operated by or under the jurisdiction of the Departments of Health and Human Services or Correction, the department operating the program or having the program under its jurisdiction or control shall provide or pay the costs of transportation. This shall be applicable for programs for school age students with disabilities as well as programs for preschool children with disabilities. The only exception shall be when a child is enrolled in a LEA and is counted for funding purposes by the LEA, but attends a class or classes at a Department of Health and Human Services program. In this case, the LEA shall provide the transportation to the Department of Health and Human Services program and return to the LEA or home.

(3) The costs of transportation for a child with disabilities placed in or assigned to a school or program outside the state shall be paid by the LEA placing or assigning the child.

(4) Reimbursement for transportation costs paid for any one child may not exceed the Department of Transportation allowance per mile unless it is demonstrated by the child or his/her parents that this limitation will work a hardship or is unreasonable. The LEA and the appropriate state agency shall approve this justification.

(b) LEAs shall determine and arrange for the provision of all materials, supplies and equipment essential to the instructional programs for children with special needs.

History Note: Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. August 1, 2000; June 1, 1996;

16 NCAC 06H .0107 SPECIAL EDUCATION ASSESSMENT AND PLACEMENT PROCEDURES

(a) Identification, screening, evaluation and placement.

(1) LEAs shall be responsible for insuring that all children with special needs within their jurisdiction are identified, located and evaluated, including children in private agencies within their jurisdiction ages birth through 21.

(2) LEAs and private schools receiving placements pursuant to G.S. 115C-115 shall implement procedures for identification, screening, evaluation and placement of children with special needs. The governing body of each LEA and private school receiving placements pursuant to G.S. 115C-115 shall adopt these procedures and include the procedures described in this Rule.

(3) LEAs may vary these procedures when sufficient evidence exists to indicate that children can be identified and placed properly within the intent of the procedures.

(b) Upon referral of a child pursuant to G.S. 115C-113(c), the parties shall follow the due process safeguards of Rule .0110 of this Subchapter.

(c) The multi-disciplinary team shall evaluate or reevaluate each child with special needs in accordance with the provisions of 34 CFR 300.530 through 300.536. Evaluations of children suspected of having a specific learning disability shall be subject to the further provisions of 34 CFR 300.540 through 300.543.

(d) Individualized education program.

(1) Each LEA shall develop and implement an IEP for each child with a disability. The Department of Public Instruction shall monitor the effectiveness of these programs.

(2) All IEPs shall be developed in accordance with the provisions of 34 CFR 300.340 through 300.350.

(3) The LEA shall develop an IEP for any child with a disability who is enrolled in a parochial or other private school, but who receives special education or related services from the LEA.

(4) The LEA shall supply to the parent(s) or guardian during a conference or by mail, in language understandable to the general public and in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so:

(A) a copy of the IEP if requested;

(B) a description of the rights of the parent(s), including the right to review data, to challenge the data, and to provide additional data that could have some effect on the placement, program, and services of the child;

(C) information concerning their right to an independent educational evaluation, at public expense, if they disagree with the evaluation obtained by the LEA and a list of other agencies providing free evaluations; and

(D) information concerning the right to appeal the decision and a copy of the appeals procedure.

(5) The LEA shall prepare Group Education Programs (GEPs) for academically gifted students. The GEP describes a differentiated instructional program for students who share similar academic characteristics and program needs. The LEA may individualize the program to accommodate individual students' needs and any additional needs of a student not already addressed and a description of further necessary modifications.

(6) The LEA shall prepare and implement a written program to meet the special educational needs of pregnant students.

(e) The LEA shall complete appropriate in-depth evaluations of children with a disability at least every three years in order to determine the appropriateness of the current educational status of students. Parent approval shall not be required prior to reevaluation. The parent(s) shall be notified in writing of the results of the reevaluation and the recommendations based on them, and the notice shall meet the requirements of 34 CFR 300.504. If the parent objects, the due process procedures set forth in Rule .0110 of this Subchapter shall apply.

(f) Each LEA shall make available a continuum of programs, services and placements for each child with a disability in accordance with the provisions of 34 CFR 300.550 through 300.556.

(g) Every private or nonpublic school which provides special education or related services to children with disabilities who have been placed in such school by the LEA is subject to the provisions of 34 CFR 300.400 through 300.402.

(h) Willie M. Children.

(1) Location and identification of class members.

(A) Local school administrative units shall nominate to area mental health centers children that are suspected to be members of the Willie M. class.

(B) Local school administrative units shall request informed consent from parents to conduct additional evaluations if needed.

(C) Local school administrative units shall notify the Department of Public Instruction regarding the number of children nominated.

(D) Local school administrative units shall keep an ongoing register of all identified Willie M. class members.

(E) The Department of Public Instruction shall assign staff to the state level certification committee to assist in the certification of members of the Willie M. class.

(2) Provision of educational services.

(A) For certified Willie M. class members local school administrative units shall:

(i) provide special education services in compliance with an IEP.

(ii) use data received through the evaluations conducted by the area mental health centers and other sources in writing the IEP; and

(iii) provide special education or related services to certified class members who are located in group homes or special facilities. Certified class members may receive these special programs in the group home or special facility.

(B) The LEA shall decide the location of the program, with advice from the area mental health center.

(C) Local school administrative units shall notify the Department of Public Instruction of the special education program being provided, including:

(i) types of services;

(ii) the duration of services; and

(iii) any other information the Department deems relevant.

(D) The Department of Public Instruction shall provide training to personnel who provide educational services to class members.

(3) Monitoring. The SBE through the Division for Exceptional Children shall monitor local school administrative units or other facilities which provide educational services to class members to determine if the program is appropriate to meet the needs of the child. This Paragraph (3) is not effective unless funds are appropriated for the specific purpose of implementing its provisions.

History Note: Authority G.S. 115C-141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999; June 1, 1996.

16 NCAC 06H .0108 SURROGATE PARENTS FOR CHILDREN WITH DISABILITIES

LEAs shall appoint surrogate parents for children with disabilities as provided in 34 C.F.R. 300.515.

History Note: Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999; June 1, 1996.

16 NCAC 06H .0109 CONFIDENTIALITY: ACCESS TO RECORDS IN SPECIAL EDUCATION

All matters pertaining to the confidentiality of and access to education records are subject to the provisions of 34 CFR 300.560 through 300.577 and 34 CFR Part 99.

History Note: Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999.

16 NCAC 06H .0110 SPECIAL EDUCATION DUE PROCESS PROCEDURES

(a) The due process procedures set forth in 34 CFR 300.500 through 300.517 are adopted herein by reference thereto.

(b) Only review officers who meet the requirements of G.S. 115C-116(i) may review hearings.

History Note: Authority G.S. 115C‑141;

Eff. July 1, 1986;

Amended Eff. December 1, 1999; May 1, 1991.

16 ncac 06h .0111 qualified zone academy bonds

History Note: Authority G.S. 115C-489.6; 150B-21.1(a7)(2);

Temporary Adoption Eff. January 1, 2001;

Eff. July 18, 2002;

Expired Eff. June 1, 2022 pursuant to G.S. 150B-21.3A.

16 NCAC 06H .0112 dispute resolution process for homeless students

(a) As used in this Rule:

(1) The terms "homeless," "homeless child," and "homeless student" shall mean the same as the term "homeless children and youth" as defined by 42 U.S.C. § 11434a(2).These terms shall also be deemed to include the term "unaccompanied youth."

(2) The term "unaccompanied youth" shall mean the same as defined by 42 U.S.C. § 11434a(6).

(b) Each LEA shall appoint a liaison for homeless students. The LEA shall train the LEA liaison to carry out and mediate the dispute resolution process as expeditiously as possible and to ensure that each school and the LEA meets the requirements of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001. The LEA liaison shall also ensure that each unaccompanied youth and any student who meets the definition of "homeless children and youth" as defined by 42 U.S.C. § 11434a(2) is enrolled immediately in the school pending resolution of the dispute. The burden shall be on the school or LEA to show that the student is not a homeless student or unaccompanied youth.

(c) Each LEA shall develop and implement a process for parents, guardians, or unaccompanied youth who have complaints about enrollment to file an appeal to the LEA liaison upon registering, or attempting to register, at the school. Enrollment shall be deemed to include attending classes and participating fully in school activities. The appeal process shall provide that:

(1) faculty and staff of the school who know about the complaint must refer the child, youth, parent, or guardian to the LEA liaison;

(2) the LEA liaison shall expeditiously carry out the dispute resolution process;

(3) pending resolution of any complaint between the school or LEA and the parent, guardian, or unaccompanied youth over school enrollment, the LEA shall enroll the child or youth immediately in the school in which the child or youth seeks enrollment;

(4) the LEA shall provide the student with all the services for which the student is eligible and shall permit the student to participate fully in school activities while the dispute is being resolved;

(5) the LEA shall provide the parent, guardian, or unaccompanied youth who makes a complaint to the LEA liaison with a written statement of the rights and procedures, in language the parent, guardian, or unaccompanied youth can understand, that informs them of:

(A) contact information including telephone number and address of the LEA liaison and of the State coordinator for homeless education, with a brief description of their roles;

(B) the right to initiate the dispute resolution process either orally or in writing;

(C) a simple form that parents, guardians, or unaccompanied youth can complete and submit to the LEA liaison to initiate the dispute resolution process;

(D) a step-by-step description of how to dispute the school's decision;

(E) notice of the right to enroll immediately in the school of choice or remain in the school of origin with transportation provided pending resolution of the dispute;

(F) notice that immediate enrollment includes full participation in all school activities; and

(G) notice of the right to obtain assistance of advocates or attorneys.

(6) the LEA shall provide the parent, guardian, or unaccompanied youth with the name and contact information of the State coordinator for homeless education; and

(7) the LEA shall inform the parent, guardian, or unaccompanied youth about the right to appeal any decision regarding the student's enrollment to the State coordinator.

(d) Each LEA shall include in the dispute resolution process the following components:

(1) The LEA shall allow the parent, guardian, or unaccompanied youth to initiate the dispute resolution process at the school at which enrollment is sought or at the LEA liaison's office.

(2) The LEA shall inform the parent, guardian, or unaccompanied youth of the right to provide supporting written or oral documentation.

(3) The LEA shall inform the parent, guardian, or unaccompanied youth of the right to seek the assistance of advocates or attorneys.

(4) The LEA shall provide the parent, guardian, or unaccompanied youth with a written statement of the final LEA decision.

(5) The LEA shall inform the parent, guardian, or unaccompanied youth of the right to appeal the final LEA decision to the State coordinator.

(e) The Superintendent of Public Instruction shall designate a State coordinator for homeless education.

(f) Any parent, guardian, or unaccompanied youth who is not satisfied with the final LEA decision regarding enrollment may appeal the decision to the State coordinator. In addition, any interested person who believes that grounds for an appeal exist may present an oral or written appeal to the State coordinator, including:

(1) the name, address, and telephone number of the person filing the appeal;

(2) the relationship or connection of the person to the child in question;

(3) the name of the school system and the specific school in question;

(4) the federal requirement alleged to have been violated;

(5) how the requirement has been violated; and

(6) the relief the person is seeking.

(g) If the State coordinator receives an appeal that is not complete, the coordinator shall contact the person making the appeal, explain the deficiency, and offer the person the opportunity to complete the appeal.

(h) Upon request of the State coordinator, the LEA liaison shall provide the State coordinator with the record of the complaint and the LEA's actions. If the matter involves more than one LEA, then the LEA liaisons shall cooperate to provide the State coordinator with a complete record. In either event, the liaison or liaisons shall provide the complete record within five school days following the State coordinator's request.

(i) The LEA shall provide the State coordinator with any information that the State coordinator requests regarding the issues presented in the appeal.

(j) The State coordinator shall provide the LEA and the parent, guardian, or unaccompanied youth with the opportunity to respond to the LEA decision and to provide any additional evidence they deem relevant.

(k) The State Coordinator shall issue a final written decision to the parent, guardian, or unaccompanied youth and the LEA involved within 10 school days following receipt of the complete appeal.

(l) The State coordinator's decision shall include:

(1) a summary of the issue appealed;

(2) the federal requirement at issue; and

(3) a description of the State coordinator's decision in plain language.

(m) Nothing contained in this Rule shall prohibit the State coordinator from investigating whether the parent, guardian, or unaccompanied youth knowingly and voluntarily entered into any agreement affecting their rights under McKinney-Vento Homeless Education Assistance Improvements Act of 2001. If the coordinator determines that the parent, guardian, or unaccompanied youth did not knowingly and voluntarily enter into the agreement, then the coordinator may void the agreement and enter a decision consistent with the applicable facts and law.

History Note: Authority G.S. 115C-366(a2); N.C. Constitution, Article IX, s. 5; 42 U.S.C. § 11432;

Eff. February 2, 2007.

16 NCAC 06H .0113 Nutrition Standards for Elementary Schools

History Note: Authority G.S. 115C-264.3; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. November 19, 2020.

16 NCAC 06H .0114 Dispute Resolution Process for Homeless Students - Definitions

As used in this Section, the following terms shall have the following definitions:

(1) "Homeless," "homeless child," and "homeless student" shall mean the same as the term "homeless children and youths" as defined by 42 U.S.C. 11434a(2). These terms shall also be deemed to include the term "unaccompanied youth."

(8) "Unaccompanied youth" shall mean the same as defined by 42 U.S.C. 11434a(6).

(3) "Local educational agency" (LEA) includes local school administrative units, charter schools, laboratory schools, regional schools, Innovative School District schools, and Innovation Zone schools.

(2) "LEA dispute resolution process" shall refer to the LEA's policy on resolving complaints brought by parents, guardians, or unaccompanied youth regarding students experiencing homelessness. The term shall refer to appeals processes within the LEA, prior to any appeal by the parent, guardian, or unaccompanied youth appeals to the State Coordinator.

(4) "Local liaison" shall refer to the official at each LEA, who ensures the LEA dispute resolution process for homeless children and youth is mediated in accordance with local, State, and federal policy as required by 42 U.S.C. 11432(g)(6)(A)(vii).

(5) "School business day" means days when students are scheduled to be in attendance at school, according to the academic calendar adopted by the LEA.

(7) "State Coordinator" shall refer to the Department of Public Instruction staff person who carries out federally mandated duties regarding students experiencing homelessness as required by 42 U.S.C. 11432(d)(3).

(6) "State appeal process" shall refer to the policies the State Coordinator, LEAs, parents, guardians, and unaccompanied youth must follow when a parent, guardian, or unaccompanied youth seeks to appeal a dispute to the State Coordinator.

History Note: Authority G.S. 115C-12; 115C-366; 42 U.S.C. 11431; 42 U.S.C. 11432;

Emergency Adoption Eff. August 20, 2019;

Eff. October 1, 2020.

16 NCAC 06H .0115 Dispute Resolution Process for Homeless Students – LEA Dispute Resolution Process

(a) Each LEA shall develop and implement an LEA dispute resolution process for parents, guardians, or unaccompanied youth who have complaints about eligibility, school selection, or enrollment to file an appeal to the local liaison upon registering, or attempting to register, the child or youth at the school where enrollment is sought. For purposes of this process, the phrase "school where enrollment is sought" may be either the school of origin or the school located in the attendance zone of the child or youth's temporary residence. Enrollment shall be deemed to include attending classes and participating fully in all school activities, as required by 42 USC 11434a(1). The LEA shall publish the LEA dispute resolution process on its website or in any school unit publication that sets forth the rules, procedures, and standards for students or parents. The LEA dispute resolution process shall provide that:

(1) the parent, guardian, or unaccompanied youth may initiate the dispute resolution process with the local liaison at the school where enrollment is sought or at the local liaison's office;

(2) faculty and staff of the school who know about the complaint must refer the parent, guardian, or unaccompanied youth to the local liaison;

(3) the local liaison shall carry out the LEA dispute resolution process within 15 school business days, or 30 calendar days, whichever is less;

(4) the LEA official(s) responsible for making the final LEA decision shall be identified in the local policy;

(5) the LEA shall enroll the child or youth immediately as required by 42 USC 11432 in the school where enrollment is sought pending resolution of any complaint between the school or LEA and the parent, guardian, or unaccompanied youth over school enrollment;

(6) the LEA shall provide the student with all services for which the student is eligible and shall permit the student to participate in school activities while the dispute is being resolved;

(7) the LEA shall, within one school business day, provide the parent, guardian, or unaccompanied youth with a statement of rights and procedures, written in a language, manner, and form they understand, to the extent the LEA deems practicable, that informs them of:

(A) contact information including telephone number, e-mail address, and physical address of the local liaison and of the State Coordinator for homeless education, with a description of their roles;

(B) the right to notify the local liaison, within two school business days of the school's decision, of the parent's, guardian's, or unaccompanied youth's intent to appeal the decision and the right to receive notice of the appeal procedure, including the timeline and process for making the initial appeal and any subsequent appeals available under LEA policy. This process must allow for requests for appeals to be made orally or in writing and must identify the LEA official(s) who makes the final LEA decision;

(C) a form that parents, guardians, or unaccompanied youth can understand, complete, and submit to the local liaison to formally initiate the appeal and any subsequent appeals available under LEA policy;

(D) the right to appeal, or request an extension of time to appeal, the final LEA decision to the State Coordinator within three school business days of receipt of the final LEA decision;

(E) the right to enroll immediately in the school located in the attendance zone of the child or youth's temporary residence or remain in the school of origin with transportation provided by the LEA pending resolution of the dispute, if such transportation is requested by the parent, guardian, or local liaison on behalf of the youth;

(F) notice that the right to enroll includes the right to fully participate in all school activities;

(G) the right to obtain assistance of advocates or attorneys; and

(H) the right to provide supporting written or oral documentation during the appeals process.

(b) Each LEA shall appoint a local liaison for identifying homeless students. The local liaison shall:

(1) ensure that when parents, guardians, or unaccompanied youth initiate the dispute resolution process, all parties comply with the process and that the appellants are provided with the information required by Paragraph (a) of this Rule;

(2) ensure that each homeless child or youth who files a dispute about enrollment or whose parent or guardian files such a dispute is enrolled immediately in the school pending resolution of the dispute;

(3) communicate the LEA dispute resolution process to parents, guardians, and unaccompanied youth; and

(4) inform the LEA superintendent, other school officials participating in the LEA dispute resolution process, and the State Coordinator of the dispute no more than two school business days after the parent, guardian, or unaccompanied youth has initiated the dispute resolution process.

(c) The State Coordinator shall train the local liaisons to carry out and mediate the dispute resolution process and to ensure that each school and the LEA meets the requirements of the McKinney-Vento Act as amended by the Every Student Succeeds Act of 2015, as set forth in 42 U.S.C. 11431 et seq.

History Note: Authority G.S. 115C-12; 115C-366; 42 U.S.C. 11431; 42 U.S.C. 11432;

Emergency Adoption Eff. August 20, 2019;

Eff. December 1, 2020.

16 NCAC 06H .0116 DISPUTE RESOLUTION PROCESS FOR HOMELESS STUDENTS – STATE APPEALS PROCESS

(a) Any parent, guardian, or unaccompanied youth who is not satisfied with the final LEA decision regarding enrollment may appeal the decision, within three school business days after the final LEA decision or within the period of any extension granted, to the State Coordinator through an oral or written appeal to the State Coordinator, including:

(1) the name of the person making the appeal and, if available, his or her physical address, e-mail address, and telephone number;

(2) the relationship or connection of the person to the child in question;

(3) the name of the school system and the school in question;

(4) the federal requirement alleged to have been violated;

(5) how the requirement has been violated; and

(6) the relief the person is seeking.

(b) If the State Coordinator receives an appeal that is missing information listed in Paragraph (a) of this Rule, the State Coordinator shall contact the person making the appeal and the local liaison, explain the deficiency, and offer the person an opportunity to provide the missing information.

(c) Upon request of the State Coordinator, the local liaison shall provide the State Coordinator with the record of the complaint, the LEA's actions, and other documents. If the matter involves more than one LEA, then the local liaisons shall cooperate to provide the State Coordinator with a complete record. The local liaison or liaisons shall provide the complete record within three school business days following the State Coordinator's request.

(d) The State Coordinator shall provide the LEA and the parent, guardian, or unaccompanied youth with the opportunity to respond to the LEA decision and to provide any additional evidence he or she deems relevant within three school business days.

(e) The State Coordinator shall issue a final written decision to the parent, guardian, or unaccompanied youth and the LEA involved within 10 school business days following receipt of the documents and information described with Paragraphs (a), (b), (c) and (d) of this Rule.

(f) The State Coordinator's decision shall include:

(1) a summary of the issue appealed;

(2) the federal requirement at issue; and

(3) a description of the State Coordinator's decision in a manner and form the parent, guardian, or unaccompanied youth understand, and, to the extent practicable as determined by the State Coordinator, provided in a language that the parent, guardian, or unaccompanied youth can understand, including further steps that the LEA or parent, guardian, or unaccompanied youth are required to take.

(g) Nothing contained in this Rule shall prohibit the State Coordinator from investigating whether the parent, guardian, or unaccompanied youth knowingly and voluntarily entered into any agreement affecting his or her rights under McKinney-Vento Act as amended by the Every Student Succeeds Act of 2015. If the State Coordinator determines that the parent, guardian, or unaccompanied youth did not knowingly and voluntarily enter into the agreement, then the State Coordinator may void the agreement and enter a decision consistent with the applicable facts and State or federal law, as set forth in 42 U.S.C. 11431 et seq.

History Note: Authority G.S. 115C-12; 115C-366; 42 U.S.C. 11431; 42 U.S.C. 11432;

Emergency Adoption Eff. August 20, 2019;

Eff. December 1, 2020.

16 ncac 06h .0117 Operation of Federal Programs

Participants in federal education programs administered by the Department of Public Instruction shall be subject to the enforcement mechanisms authorized under 2 CFR Part 200, which is hereby incorporated by reference, including subsequent editions and amendments. The CFRs may be accessed at no cost at ecfr.gov.

History Note: Authority G.S. 115C-12; 115C-263; 115C-264; 115C-409;

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.

SUBCHAPTER 06I — THE GOVERNER MOREHEAD SCHOOL

SECTION .0100 — ADMINISTRATIVE PROCEDURES

16 NCAC 06I .0101 PURPOSE AND RESPONSIBILITIES

16 NCAC 06I .0102 ELIGIBILITY

History Note: Authority G.S. 115C-106(b); 115C- 113115C-127; 115C-128; 115C-130; 115C-131; 115C-132; 115C-135;

Eff. February 1, 1976;

Amended Eff. October 1, 1990 (Rule .0102); September 1, 1990 (Rule .0101);

Transferred from 10A NCAC 93 .0101 - .0102 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

16 NCAC 06I .0103 MEDICAL AND HEALTH SERVICES

History Note: Authority G.S. 115-325; 143B-173(b);

Eff. August 25, 1980;

Transferred from 10A NCAC 93 .0103 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

16 NCAC 06I .0104 STUDENT INFORMATION

History Note: Authority G.S. 115C-114; 115C-321; 143B-10; 150B-14(c);

Eff. February 1, 1976;

Amended Eff. October 1, 1990;

Transferred from 10A NCAC 93 .0104 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

16 NCAC 06I .0105 THE GOVERNOR MOREHEAD SCHOOL CAMPUS PARKING

History Note: Authority G.S. 143-116.7;

Temporary Adoption Eff. March 9, 1998;

Eff. April 1, 1999;

Transferred from 10A NCAC 93 .0105 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

SECTION .0200 — PERSONNEL

16 NCAC 06I .0201 AUTHORITY OF TEACHERS AND HOUSEPARENTS

16 NCAC 06I .0202 WHO MAY GIVE DIRECTIONS

History Note: Authority G.S. 115C-127; 115C-307; 115C-321; 143B-10;

Eff. February 1, 1976;

Amended Eff. September 1, 1990 (Rule .0201);

Transferred from 10A NCAC 93 .0201 - .0202 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

SECTION .0300 — STUDENT RULES

16 NCAC 06I .0301 COMPLIANCE WITH CAMPUS RULES AND AUTHORIZED PERSONS

16 NCAC 06I .0302 PROTECTION OF PROPERTY

16 NCAC 06I .0303 USE OF DRUGS

16 NCAC 06I .0304 CODE OF DRESS FOR STUDENTS

History Note: Authority G.S. 115C-321; 143B-173(b); 150B-14(c);

Eff. August 25, 1980;

Amended Eff. October 1, 1990 (Rule .0301); September 1, 1990 (Rule .0303);

Transferred from 10A NCAC 93 .0301 - .0304 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

SECTION .0400 — DISCIPLINE

16 NCAC 06I .0401 DEFINITIONS OF DISCIPLINARY TERMS

16 NCAC 06I .0402 PROCEDURE FOR ADMINISTERING DISCIPLINE

16 NCAC 06I .0403 DISTRIBUTION OF POLICY

16 NCAC 06I .0404 DISCIPLINE VIOLATIONS

16 NCAC 06I .0405 DISCIPLINARY ACTIONS

16 NCAC 06I .0406 REQUEST FOR DETERMINATION

16 NCAC 06I .0407 APPLICABILITY OF PROCEDURES

History Note: Authority G.S. 115C-321; 143B-173(b);

Eff. August 25, 1980;

Amended Eff. September 1, 1990; March 9, 1981 (Rule .0405);

Transferred from 10A NCAC 93 .0401 - .0407 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

SUBCHAPTER 06J — NORTH CAROLINA SCHOOLS FOR THE DEAF

SECTION .0100 — ADMINISTRATIVE PROCEDURES

16 NCAC 06J .0101 CAMPUSES

16 NCAC 06J .0102 ELIGIBILITY

16 NCAC 06J .0103 APPLICATION PROCEDURES

16 NCAC 06J .0104 STUDENT FEE

16 NCAC 06J .0105 REFUNDS

16 NCAC 06J .0106 DEFINITION

16 NCAC 06J .0107 CONSENT REQUIRED FROM STUDENT OR PARENT

16 NCAC 06J .0108 CONSENT REQUIRED FROM FORMER STUDENT OR PARENT

16 NCAC 06J .0109 USE OF SCHOOL'S RECORDS FOR RESEARCH

16 NCAC 06J .0110 AVAILABILITY OF RECORDS TO STAFF MEMBERS

History Note: Authority G.S. 115-336; 115-340; 115C-110; 115C-111; 115C-114; 115C-123; 115C-124;

115C-126.1; 115C-366.1; 143B-10; 143B-216.33;

Eff. February 1, 1976;

Amended Eff. June 1, 1990 (Rule .0101); April 1, 1990 (Rules .0102, .0103, .0109, 0110);

Transferred from 10A NCAC 94 .0101 - .0110 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

SECTION .0200 — STUDENT RULES

16 NCAC 06J .0201 HOME VISITS

16 NCAC 06J .0202 VISITS TO OTHER STUDENT'S HOMES

16 NCAC 06J .0203 REIMBURSEMENT FOR DAMAGED PROPERTY

16 NCAC 06J .0204 ALCOHOLIC BEVERAGES

16 NCAC 06J .0205 DRUGS

16 NCAC 06J .0206 TOBACCO PRODUCTS

16 NCAC 06J .0207 LEAVING CAMPUS

16 NCAC 06J .0208 EXPULSION

History Note: Authority G.S. 115C-111; 115C-112; 115C-523; 143B-10; 143B-216.33;

Eff. February 1, 1976;

Amended Eff. April 1, 1990 (Rules .0201, .0202, .0206, .0207, .0208);

Recodified from 10 NCAC 23B .0101 - .0102, .0401 - .0407 Eff. May 31, 1991;

Transferred from 10A NCAC 94 .0201 - .0208 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

SECTION .0300 — PERSONNEL

16 NCAC 06J .0301 AUTHORITY OF CLASSROOM TEACHERS/DORMITORY PERSONNEL

History Note: Authority G.S. 115C-307; 143B-10; 143B-216.33;

Eff. February 1, 1975;

Amended Eff. April 1, 1990;

Recodified from 10 NCAC 23B .0408 Eff. May 31, 1991;

Transferred from 10A NCAC 93 .0301 Eff. June 1, 2011;

Repealed Eff. October 1, 2024.

subchapter 06k – education services for the deaf and blind (edsb)

16 NCAC 06K .0101 School security

History Note: Authority G.S. 115C-150.13; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. November 19, 2020.

16 NCAC 06K .0102 Due process for exceptional children students

History Note: Authority G.S. 115C-150.13; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. December 6, 2019.

16 NCAC 06K .0103 NC STANDARD COURSE OF STUDY, OCCUPATIONAL COURSE AND EXTENDED CONTENT STANDARDS

History Note: Authority G.S. 115C-150.13; N.C. Constitution, Article IX, Sec. 5;

Interim Rule status conferred Eff. June 27, 2018, pursuant to S.L. 2018-114, sec. 27.(b);

Emergency Adoption Eff. August 20, 2019;

Emergency Adoption Expired Eff. November 19, 2020.

16 NCAC 06K .0104 PLACEMENT PROCEDURES

16 NCAC 06K .0105 WEAPONS PROHIBITED ON SCHOOL PROPERTY

History Note: Authority G.S. 14-269; 14-269.2; 115C-12; 115C-107.2; 115C-150.11; 115C-150.13;

Emergency Adoption Eff. August 20, 2019;

Eff. December 1 2020;

Repealed Eff. October 1, 2024.