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(B)          Has not been revoked or had discipline imposed by any jurisdiction;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