FILED SENATE
Mar 1, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 187
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS45085-MTzap-78
Short Title: Teacher Licensure/Retired Educator Program. (Public)
Sponsors: Senators McInnis, Johnson, and Barnes (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE CHANGES TO TEACHER LICENSURE REQUIREMENTS AND TO
3 REVIVE AND EXPAND THE PROGRAM TO ALLOW RETIRED EDUCATORS TO
4 RETURN TO WORK IN HIGH-NEED SCHOOLS.
5 The General Assembly of North Carolina enacts:
6
7 PART I. TEACHER LICENSURE CHANGES
8 SECTION 1.1.(a) G.S. 115C-270.20(a)(4a) reads as rewritten:
9 "(4a) Limited license. – A three-year nonrenewable renewable license issued to an
10 individual who meets the requirements of this subdivision. A limited license
11 shall only be requested by the local board of education currently employing
12 or seeking to employ the individual and shall be used for continued
13 employment only in that local school administrative unit. The State Board
14 shall not require individuals to demonstrate preparation through achieving a
15 prescribed minimum score on a standardized examination for a limited
16 license. To receive a limited license, one of the following shall be met:
17 a. In-state licensee. – Both of the following are met:
18 1. The individual was issued an IPL or RL, but failed to fulfill
19 examination requirements under G.S. 115C-270.15 after three
20 years of licensure.
21 2. The local board of education submits to the State Board an
22 affidavit stating that the teacher is currently employed by that
23 local board, is an effective teacher, and will be encouraged to
24 continue to pursue a CPL. The affidavit shall be signed by both
25 the principal and superintendent for the school to which the
26 teacher is currently assigned.
27 b. Out-of-state licensee. – Both of the following are met:
28 1. The individual holds current teacher licensure in another state
29 that is in good standing.
30 2. The local board of education submits to the State Board an
31 affidavit stating that the local board seeks to employ the
32 teacher, that the teacher has been employed as a licensed
33 teacher in another state for at least three years, and that the
34 teacher will be encouraged to pursue an IPL or CPL, as
35 appropriate for that teacher. The affidavit shall be signed by
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 General Assembly Of North Carolina Session 2023
1 the superintendent for the local board of education seeking to
2 employ the teacher.
3 For renewal of a limited license, the local board of education shall evaluate
4 the teacher's effectiveness every three years. For teachers that teach subjects
5 that use the Education Value-Added Assessment System (EVAAS), the data
6 must demonstrate that the teacher meets or exceeds expectations of growth as
7 measured by EVAAS, if available."
8 SECTION 1.1.(b) This section applies (i) to any teacher who holds a limited license
9 as nonrenewable as of the date this act becomes law and (ii) beginning with applications
10 submitted on or after the date this act becomes law.
11 SECTION 1.2.(a) The State Board of Education, in consultation with the
12 Department of Public Instruction and the Professional Educator Preparation and Standards
13 Commission (PEPSC), shall develop an alternative to the examination requirements for
14 conversion from an initial professional license (IPL) and a residency license (RL) to a continuing
15 professional license (CPL) under G.S. 115C-270.15. The alternative to the examination shall
16 provide for a process to accommodate different circumstances in which the examination may not
17 be required or be the most appropriate or efficient pathway of evaluating a teacher's readiness or
18 effectiveness for licensure.
19 In addition, the State Board, in consultation with the Department and PEPSC, shall
20 examine issues related to licensure classes and teacher salary, including ways to increase
21 recruitment and retention by directly corresponding classes of licensure with amount of
22 compensation. In conducting the study, the State Board shall identify any changes in State law
23 necessary for any proposed recommendations resulting from the findings.
24 SECTION 1.2.(b) By February 15, 2024, the State Board, in consultation with the
25 Department and PEPSC, shall report to the Joint Legislative Education Oversight Committee on
26 (i) the development of the alternative to examination requirements for conversion of IPLs and
27 RLs to CPLs, (ii) any proposed salary incentives tied to classes of licensure, and (iii) any
28 legislative changes needed for implementation of the recommendations.
29 SECTION 1.3.(a) G.S. 115C-270.1 reads as rewritten:
30 "§ 115C-270.1. Definitions.
31 As used in this Article, the following definitions shall apply:
32 (1) Administrator. – An administrator or supervisor who serves in general and
33 program administrator roles, as classified by the State Board. Administrators
34 shall include superintendents, assistant or associate superintendents,
35 principals, assistant principals, or curriculum-instructional specialists.
36 (2) Professional educator. – An administrator, teacher, or student services
37 personnel.
38 (3) Recognized educator preparation program or recognized EPP. – As defined in
39 G.S. 115C-269.1(15).
40 (3a) Servicemember. – A member of the uniformed services, as that term is defined
41 in section 101(a)(5) of Title 10 of the United States Code. For purposes of this
42 Article, "servicemember" shall include the spouse of a servicemember.
43 (4) Student services personnel. – An individual providing specialized assistance
44 to students, teachers, administrators, or the education program in general, as
45 classified by the State Board. Student services personnel shall include
46 individuals employed in school counseling, school social work, school
47 psychology, audiology, speech-language pathology, and media coordination.
48 (5) Teacher. – An individual whose major responsibility is to either teach or
49 directly supervise teaching, as classified by the State Board."
50 SECTION 1.3.(b) Article 17E of Chapter 115C of the General Statutes is amended
51 by adding a new section to read:
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 General Assembly Of North Carolina Session 2023
1 "§ 115C-270.22. Servicemember transfer applicants.
2 (a) Servicemembers who (i) possess a teaching license issued by an entity other than the
3 State Board of Education and (ii) relocate to the State because of military orders for military
4 service shall be granted a teaching license for the duration of the military orders if the
5 servicemember meets all of the following criteria:
6 (1) The servicemember provides to the State Board a copy of the military orders
7 that require the servicemember to relocate to the State.
8 (2) The servicemember remains in good standing with the following:
9 a. The licensing authority that issued the license held by the service
10 member.
11 b. Every other licensing authority that has issued to the servicemember a
12 license similar in scope to a teaching license.
13 (3) The servicemember submits to the authority of the State Board for purposes
14 of standards of practice, discipline, and fulfillment of any continuing
15 education requirements.
16 (b) The State Board shall adopt rules to determine which class of teacher license shall be
17 issued to servicemembers, pursuant to this section.
18 (c) If a servicemember is transferred out of the State on military orders for military
19 service during a school year, a license granted pursuant to this section shall terminate at the end
20 of the school year during which the member was transferred."
21 SECTION 1.3.(c) G.S. 93B-15.1 reads as rewritten:
22 "§ 93B-15.1. Licensure for individuals with military training and experience; proficiency
23 examination; licensure by endorsement for military spouses; temporary license.
24 …
25 (h1) Nothing in this section shall be construed to prevent a servicemember, as defined in
26 G.S. 115C-270.1, from applying for or being issued a teaching license under G.S. 115C-270.22.
27 …."
28 SECTION 1.3.(d) The State Board of Education shall adopt temporary rules to
29 comply with this section. Temporary rules adopted in accordance with this subsection shall
30 remain in effect until permanent rules that replace the temporary rules become effective.
31 SECTION 1.3.(e) This section is effective when it becomes law.
32
33 PART II. REVIVE AND EXPAND THE PROGRAM TO ALLOW RETIRED
34 EDUCATORS TO RETURN TO WORK IN HIGH-NEED SCHOOLS
35 SECTION 2.(a) G.S. 115C-302.4 is reenacted as it existed immediately prior to its
36 expiration and expires effective June 30, 2027.
37 SECTION 2.(b) G.S. 115C-302.4, as reenacted by this act, reads as rewritten:
38 "§ 115C-302.4. High-need retired teachers.
39 (a) Definitions. – The following definitions apply in this section:section, unless the
40 context requires otherwise:
41 (1) High-need retired teacher. – A teacher who is a beneficiary of the Teachers'
42 and State Employees' Retirement System of North Carolina who meets both
43 of the following requirements:
44 a. Retired on or before February 1, 2019, after attaining (i) the age of at
45 least 65 with five years of creditable service, (ii) the age of at least 60
46 with 25 years of creditable service, or (iii) 30 years of creditable
47 service.
48 b. Is reemployed by a local board of education to provide classroom
49 instruction as a teacher, as defined in G.S. 135-1(25), employed on an
50 annual contract to provide classroom instruction exclusively at a
51 high-need school or schools.
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1 (2) High-need school. – A school that, at any point on or after July 1, 2017, meets
2 one of the following criteria:
3 a. Is a Title I school. As used in this sub-subdivision, a Title I school is a
4 school identified under Part A of Title I of the Elementary and
5 Secondary Education Act of 1965, as amended.
6 b. Receives an overall school performance grade of D or F, as calculated
7 by the State Board of Education pursuant to G.S. 115C-83.15(d).
8 (3) STEM. – Science, technology, engineering, and mathematics.
9 (4) Teacher. – Licensed personnel who are classified as teachers or instructional
10 support personnel.
11 (b) Salary Level. – A high-need retired teacher shall be compensated as follows:
12 (1) Except as provided in subdivision (2) of this subsection, a high-need retired
13 teacher shall be paid on the first step of the teacher salary schedule.
14 (2) If a high-need retired teacher serves as a teacher in any of the following
15 licensure areas, meets any of the following criteria, he or she shall be paid on
16 the sixth step of the teacher salary schedule:
17 a. Provides classroom instruction in any of the following licensure areas:
18 a.1. STEM.
19 b.2. Special education.
20 b. Is any of the following:
21 1. A school psychologist.
22 2. A school speech pathologist who is licensed as a speech
23 pathologist at the master's degree level or higher.
24 3. A school audiologist who is licensed as an audiologist at the
25 master's degree level or higher.
26 (c) No State Salary Supplements or Increase in Salary. – A high-need retired teacher shall
27 not receive any State salary supplement or State bonus. A high-need retired teacher shall not
28 move beyond the salary steps prescribed by subsection (b) of this section, regardless of the length
29 of time spent as a high-need retired teacher.
30 (d) Local Salary Supplement. – A high-need retired teacher shall receive any local salary
31 supplements that are given to employees of the local board of education.
32 (e) Term of Contract. – A contract between the local board of education and a high-need
33 retired teacher shall be for a term of no more than one school year.
34 (f) Identification of STEM and Special Education Licensure Areas. – The Superintendent
35 of Public Instruction shall identify and provide to each local school administrative unit a list of
36 STEM and special education licensure areas that qualify for reemployment pursuant to
37 subdivision (b)(2) of this section. Local school administrative units shall make the list of STEM
38 and special education licensure areas available to high-need retired teachers."
39 SECTION 2.(c) G.S. 135-3(8) is amended by adding a new sub-subdivision to read:
40 "h. Notwithstanding sub-subdivisions c. and d. of this subdivision, the
41 computation of postretirement earnings of a beneficiary under this
42 subdivision, who retired on or before February 1, 2019, and who has
43 been retired at least six months, shall not include earnings while the
44 beneficiary is employed as a high-need retired teacher, as defined
45 under G.S. 115C-302.4(a)(1), and the beneficiary shall not be restored
46 to service as a teacher or employee. The Department of Public
47 Instruction shall certify to the Retirement System that a beneficiary is
48 employed by a local board of education as a high-need retired teacher,
49 as defined under G.S. 115C-302.4(a)(1). A local board of education
50 shall inform the Retirement System, no later than September 15
51 annually, if it will not employ high-need retired teachers, as defined
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1 under G.S. 115C-302.4(a)(1), for that school year. The retirement
2 allowance of a beneficiary who retired on an early or service
3 retirement shall not cease due to reemployment as a high-need retired
4 teacher, as defined under G.S. 115C-302.4(a)(1). A beneficiary
5 reemployed as a high-need retired teacher is not entitled to any benefits
6 otherwise provided under this Chapter as a result of this period of
7 employment."
8 SECTION 2.(d) G.S. 135-3(8)c1. reads as rewritten:
9 "c1. Within 90 days of the end of each month in which a beneficiary is
10 reemployed under the provisions of sub-subdivision sub-subdivisions
11 c. and h. of this subdivision, each employer shall provide a report for
12 that month on each reemployed beneficiary, including the terms of the
13 reemployment, the date of the reemployment, and the a