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.