1. PANC FALL CONFERENCE October 4, 2017 Asheville, NC Contracts – The Time is Now! Contracts for Administrators, Teachers and More…
Richard A. Schwartz Schwartz & Shaw, P.L.L.C. 19 W. Hargett Street, Suite Raleigh, NC (919)
© 2017 Schwartz & Shaw, P.L.L.C

2. OVERVIEW CONTRACTS - The Time is NOW!
2017 Contract Provisions-Omnibus Education Law Changes Session Law (H.B.155)
Administrator & Teacher Contract Employment Questions
“Excellent Educators for Every Classroom” Session Law (S.B. 599)

3. S.L. 2017-157 (H.B. 155) – Omnibus Education Law Changes
Part 2: Makes Conforming Changes to Career Status Statutes to Align with North Carolina Supreme Court Decision (NCAE case) that held career status could not be removed from teachers who had already earned it and remained employed in the same LEA. Section 2(a): Repeals Section 9.6(a) of S.L
(cont.)

4. S.L. 2017-157 (H.B. 155) – Omnibus Education Law Changes (cont.)
Section 2(b): Rewrites G.S. § 115C-325 to align with NCAE v. State of North Carolina:
Provides a new definition of career employee as an employee who was awarded career status with that local board as a teacher prior to August 1, 2013.
Clarifies that no person who is employed as a teacher who did not acquire career status as a teacher by August 1, 2013, shall have career status.
Eliminates the definition and references to career school administrator and probationary teacher.
Replaces references to career teacher with career employee.
Delineates the grounds for appeal to superior court after a career employee is dismissed, demoted or suspended without pay as a sanction, consistent with case law
(cont.)

5. S.L. 2017-157 (H.B. 155) – Omnibus Education Law Changes (cont.)
Section 2(c) - G.S. 115C (a)(3): Clarifies that a career status teacher who receives a leave of absence to teach at a charter school, maintains their career status if they return to the LEA at the conclusion of the leave of absence. Section 2(d) - G.S. 115C (3): Clarifies that a career status teacher who receives a leave of absence to teach at a regional school, maintains their career status if they return to the LEA at the conclusion of the leave of absence. Section 2(e) - G.S. 115C-287.1: Provides that a school administrator who earned career status as a teacher with the same LEA where he or she serves as a school administrator, retains his or her career status rights as a teacher unless the school administrator voluntarily relinquished career status or is dismissed or demoted pursuant to G.S. § 115C-325.
(cont.)

6. S.L. 2017-157 (H.B. 155) – Omnibus Education Law Changes (cont.)
Section 2(j): Clarifies that a career status teacher who receives a leave of absence to teach at a lab school, maintains their career status if they return to the LEA at the conclusion of the leave of absence. Section 2(l): Repeals the section of the 2013 Appropriations Act that eliminated career status for all teachers after June 30, 2018.

7. CAREER STATUS TEACHERS
If an employee has obtained career status, the employee retains career status with that LEA.
If a career status employee leaves their employing LEA, then the employee will lose career status protections.
This does not apply if the employee is on a leave of absence to teach at a charter school, regional school, or lab school and returns to the same LEA upon conclusion of leave.
Any subsequent LEA employing this career status teacher may not offer a new career status contract.
Local school boards may no longer offer “career status” contracts to anyone.

8. CAREER STATUS TEACHERS
Who can be a “career status” employee?
“Teacher” includes:
Classroom teachers and instructional support personnel
With a standard professional or vocational license
Who are employed to fill a full-time, permanent position.
N.C. Gen. Stat. § 115C-325(a)(6).

9. CAREER STATUS TEACHERS
Types of Career Status employees:
Audiologists;
Classroom Teachers;
Guidance Counselors;
School Psychologists;
School Social Workers;
Speech-Language Pathologists;
Career & Technical Education Teachers; and
Media Coordinators.

10. CAREER STATUS TEACHERS
Employment Status
Career Status
Procedure for Dismissal/Demotion
Written notice from Superintendent.
Retain career status protections under G. S. § 115C-325.
Hearing Rights
Right to hearing before a hearing officer or the BOE.
Right to appeal decision of hearing officer to BOE.
Right to appeal decision of the BOE to Superior Court.
Evaluations
Same as current SBE Policy (EVAL-006)
Abbreviated evaluations (Standards one and four) permissible.

11. CAREER STATUS TEACHERS
Career Status employees will continue to have career status protections until:
Retirement;
Resignation from LEA;
Dismissal under the tenure law;
Demotion under the tenure law; or
The employee consents to relinquishing his/her career status protections.

12. WHAT ABOUT CONTRACT TEACHERS?
Beginning July 1, 2018, non-career status teachers may be offered a 1, 2, or 4 year contract.
Any teacher who has been employed by the district for less than three years may only receive a one-year contract. G.S. 115C-325.3(a).

13. CONTRACT TEACHERS
The definition of “year” is now July 1 – June 30 (G.S. 115C-325.1(7)).
Personnel files requirements in new G.S. 115C are the same as in tenure law (G.S. 115C-325(b)).

14. CONTRACT TEACHERS
G.S. 115C-325.3(b)Superintendent Recommendation to Local Board. –
Local boards of education shall employ teachers upon the recommendation of the superintendent. If a superintendent intends to recommend to the local board of education that a teacher be offered a new or renewed contract, the superintendent shall submit the recommendation to the local board for action and shall include in the recommendation the length of the term of contract. A superintendent shall only recommend a teacher for a contract of a term longer than one school year if the teacher has shown effectiveness as demonstrated by proficiency on the evaluation instrument. The local board may approve the superintendent's recommendation, may decide not to offer the teacher a new or renewed contract, or may decide to offer the teacher a renewed contract for a different term than recommended by the superintendent.

15. CONTRACT TEACHERS Length of Contract (G.S. § 115C-325.3(a)):
Teachers with less than three (3) years in the LEA are only eligible to receive a one (1) year contract.
Teachers with at least three (3) years in the LEA can receive employment contracts for terms of one (1), two (2), or four (4) years.

16. CONTRACT TEACHERS Nonrenewals (G.S. 115C-325.3(d)(e)(f)):
Superintendent gives notice to teacher by June 1 of decision not to recommend a new contract. No reasons are required to be provided. (G.S. 115C-325.3(d)).
Teacher has the right to petition board for a hearing within 10 days of receipt of superintendent’s notice. Board has complete discretion whether or not to grant hearing and must notify teacher. There is no right to a hearing or to appeal to court.

17. CONTRACT TEACHERS Nonrenewals (G.S. 115C-325.3(d)(e)(f)):
Board shall notify teacher of decision to not renew by June 15, unless it decides to grant a hearing.
If board grants a hearing it is conducted under G.S. 115C-45(c) and board must notify teacher of its decision within 10 days of hearing or later date agreed to in writing by superintendent and teacher.
Decision (by superintendent or the board) not to offer renewed contract may not be arbitrary, capricious, personal, political, discriminatory, or on any basis prohibited by state or federal law.

18. CONTRACT TEACHERS Nonrenewals (G.S. 115C-325.3(d)(e)(f)):
If teacher does not receive a new contract offer or notice of nonrenewal and continues to teach without a contract, the board, upon discovery of this, shall either:
Offer a contract expiring no later than June 30 of the current school year; or
Dismiss the teacher without a hearing or appeal (this teacher is “considered an at-will employee”) and provide one additional month of pay.

19. CONTRACT TEACHERS
Dismisssal or Demotion (G.S. 115C-325.3(c) , and ):
Same 15 grounds as in tenure law, but in different order.
Inadequate performance is defined in G.S. 115C-325.4(a)(1):
Still must look to evaluation data and local board standards
Failure to be proficient “on any standard” of the evaluation
Otherwise performing below standard
Procedure for Notice of intent to recommend dismissal or demotion under G.S. 115C is essentially the same as under tenure law.
Hearing is only before school board under G.S. 115C No option for separate hearing before state-appointed hearing officer, as under tenure law.

20. CONTRACT TEACHERS
New G.S. 115C provides for appeal to Superior Court only on grounds that the decision was:
In violation of constitutional provisions;
In excess of board’s authority or jurisdiction.
Made upon unlawful procedure.
Affected by other error of law.
Unsupported by substantial evidence.
Arbitrary or capricious.
Superior court may affirm or reverse board’s decision or send the case back to the board, but it “shall not” award monetary damages or direct the board to enter into an employment contract of more than one year ending June 30.

21. CONTRACT TEACHERS
Length of Contract after July 1, 2018:
Base requirements for two (2) and four (4) year contracts:
Teacher must have taught in the LEA for at least three (3) years; AND
Teacher must be rated at least “Proficient” on the teacher evaluation instrument.
Renewal recommendation shall be for maximum of one (1) year if teacher has not demonstrated proficiency on the evaluation instrument.
Superintendent can use additional criteria when deciding on the length of teacher contracts.

22. CONTRACT TEACHERS
Query: What criteria, in addition to those required by law, may be considered when deciding the length of contract to offer or grant a teacher?
In addition to its length, contracts have other terms, conditions and a teacher salary for work performed. A teacher and a district need each other. Almost everything is negotiable. A long-term good relationship only enhances the performance of the district and the teacher.

23. CONTRACT TEACHERS Query: Why not grant all teachers 1-year contracts?
Pros: Good legal strategy for treating all teachers equally.
Maintain maximum flexibility in era of uncertainty (e.g., small class size; funding for art/music/p.e./etc.; overall funding; teacher pipeline problems; etc.)
Cons: Very unlikely to retain quality teachers Harder to recruit teachers with more than three years of experience.
Harder to recruit teachers in high demand/low supply Harder to recruit/retain teachers in low-performing schools Harder to recruit/retain teachers in poorer systems with low teacher supplements.

24. CONTRACT TEACHERS “ADDITIONAL CRITERIA” SOUNDS PROMISING…BUT RISKY!
What contract length enhances quality teacher recruitment and retention? PRO: Longer teacher contract terms for the district mean less turnover, more ability to improve teaching and learning, and more stability in workplace.
CON: A teacher whose performance is declining can do a lot of damage in one year, much less two or four.
What additional factors might be considered in determining the length of the contract term? Hard to staff school teaching assignments
Hard to staff subjects
NBPTS Certified Multiple areas of licensure Extracurricular responsibilities Local needs Low-performing schools

25. CONTRACT TEACHERS
Query: Beyond length of contract, what contract “perks” or provisions may be used as recruitment and retention tools for teachers?
Perks for teachers may exist in the contract beyond the term or length. For example, a teacher with a one-year contract who is eligible for student loan repayment assistance or tuition reimbursement from the LEA may be the perfect beginning to a good employment relationship.

26. CONTRACT TEACHERS
Query: Should the board adopt a policy listing the criteria and the process that will be used to determine the term to be granted for renewal contracts?
Pro: All teachers will have notice of the criteria and process used to determine eligibility for a contract term longer than a year.
Con: The policy may force the BOE to offer a longer contract than desirable in a particular situation, or have other unintended consequences (discriminatory effect), despite the BOE intentions to adopt a fair policy.

27. CONTRACT TEACHERS (cont.) Potential Additional Criteria
Teacher Performance
Merit pay
“Accomplished” on the majority of the evaluation standards on the prior year’s evaluation to receive a multi-year contract.
Require sustained rating (e.g. at least 3 years of “Accomplished” ratings on the majority of the evaluation standards).
“Distinguished” on the majority of the evaluation standards on the prior year’s evaluation to receive a multi-year contract.
Require sustained rating (e.g. at least 3 years of “Distinguished” ratings on the majority of the evaluation standards).
(cont.)

28. CONTRACT TEACHERS Potential Additional Criteria (cont.)
Teacher Performance
To receive a two (2) year contact the teacher must be rated “Proficient” on all standards on the prior year’s evaluation. To receive a four (4) year contract the teacher must be rated “Accomplished” on all standards on the prior year’s evaluation.
Require sustained ratings for multiple years
(cont.)

29. CONTRACT TEACHERS Potential Additional Criteria (cont.)
Student Growth Measurements NOTE: Using “Analysis of Student Work” to assess teacher performance as part of the teacher evaluation system was eliminated in S.L Do not use “ASW” – state or local as criteria for deciding contract terms.
Eligibility for Performance Bonuses
(cont.)

30. CONTRACT TEACHERS (cont.) Potential Additional Criteria (cont.)
Position Specific
Teachers employed in hard to fill roles who meet the minimum statutory standards receive or are eligible for multi-year contracts
Example: Math, Science, EC, etc.
Recruiting/Retention Considerations
Are you having a tough time recruiting/retaining teachers?
For all positions or only certain categories?
Should you “bargain” job placements/assignments/schools?
(cont.)

31. CONTRACT TEACHERS (cont.) Potential Additional Criteria (cont.)
Service in Multiple Capacities
Teachers who serve in multiple roles and meet the minimum statutory standards receive or are eligible for multi-year contracts
Example: Coaches, Advisors, Band Directors, etc.
Multiple areas of expertise and licensure.
(cont.)

32. CONTRACT TEACHERS (cont.) Potential Additional Criteria (cont.)
Service in Leadership Roles
Teachers who serve in leadership roles and meet the minimum statutory standards receive or are eligible for multi-year contracts
Examples: School Improvement Team members, Grade level chairs, Mentors, Department chairs, etc.
(cont.)

33. CONTRACT TEACHERS (cont.) Potential Additional Criteria (cont.)
Any combination of the criteria options listed above.
Or, whatever else you come up with that meets the needs of your LEA.
(cont.)

34. CONTRACT TEACHERS Potential Additional Criteria (cont.) BEWARE!!!!
Whatever criteria your Superintendent or BOE may select, make sure that the criteria do NOT have a discriminatory effect!

35. CONTRACT TEACHERS BOE Options for Offering Contracts The BOE may:
Approve Superintendent’s recommendation;
Decline to offer the teacher a new or renewed contract; or
Offer the teacher a contract for a term different that the term recommended by the Superintendent.
(This is where having a written board policy may help.)

36. CONTRACT TEACHERS BOE Options
If the BOE offers a contract for a term different than the Superintendent recommends, are there any limits?
A one, two, or four-year contract? YES
What about a three-year contract? NO
What about a 2 ½-year contract? NO
How about a five-year contract? NO

37. CONTRACT TEACHERS BOE Options
If the BOE offers a contract for a term different than the Superintendent recommends, are there any limits? YES
The Board’s discretion is still limited by G.S. 115C-325.3(a) Length of Contract. – A contract between the local board of education and a teacher who has been employed by the local board of education for less than three years shall be for a term of one school year. A contract or renewal of contract between the local board of education and a teacher who has been employed by the local board of education for three years or more shall be for a term of one, two, or four school years.

38. CONTRACT TEACHERS BOE Options
If the BOE offers a contract for a term different than the Superintendent recommends, are there any limits? YES.
The Board’s discretion is still limited by G.S. 115C (a) Length of Contract. – A contract between the local board of education and a teacher who has been employed by the local board of education for less than three years shall be for a term of one school year. A contract or renewal of contract between the local board of education and a teacher who has been employed by the local board of education for three years or more shall be for a term of one, two, or four school years.

39. administrators
For administrators employed “as of” 7/1/14, and any “hired or reemployed on or after that date,” the following apply:
Dismissal/demotion is under G.S. 115C
Nonrenewal – written notice from the Superintendent by May 1, but no longer any right to receive reasons.
Right to BOE hearing on nonrenewal, but not appealable to Superior Court.
Decision to nonrenew may not be arbitrary, capricious, personal, political, discriminatory or in violation of state or federal law.

40. administrators Employment Status
If granted teacher tenure prior to serving as Administrator in same LEA, the Administrator retains career teacher status if not offered Administrator contract or if nonrenewed.
Procedure for Nonrenewal of Contract
Superintendent Notice: May 1.
No longer any right to receive reasons for nonrenewal.
Hearing Rights for Nonrenewal of Contract
Right to hearing by BOE.
BOE Notice: June 1
No longer any right to judicial review of the decision of the BOE.

41. ADMINISTRATORS
Query: How will recent changes to administrator pay and salary schedules impact recruitment, retention and legal challenges?
Pay provisions in administrator contracts vary widely. Some include an annual “amount certain,” while others state that the administrator is paid on the state salary schedule, while others have a local pay scale and a local supplement and/or a local board policy.

42. ADMINISTRATORS BEWARE!!
A demotion is considered any reduction in salary. For example, if a principal has an annual salary amount in the employment contract, but is no longer eligible for that amount by law on the state salary schedule, is the district contractually obligated to pay the principal the difference?
Administrators are “Held Harmless” so that if the current job assignment results in lower pay on the relevant salary schedule, the administrator’s pay will not be reduced for
BUT, what about and beyond?
Typically, the contract itself addresses changes in the law and states the board will modify or amend the contract depending on changes in the law. Other contract provisions state any conflicting language between the contract and the law is resolved by the law.
Should the contracts be amended? Must the contracts be amended? If the administrator doesn’t agree to the amendment, is it a demotion?
How do local supplements impact contract pay?

43. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Restructures Teacher Education and Support
Establishes the Professional Educator Preparation and Standards (PEPS) Commission independent of the State Board of Education (SBE) that shall recommend standards for educator preparation, licensure, continuing education, and conduct to the SBE.
On August 3, 2017, PEPS Commission Members were named. In addition to Superintendent or his designee and the State Teacher of the Year, the Senate and House appointed 8 members each.

44. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom” PEPS Commission Members
Senate Appointees
Patrick Miller – Superintendent of Greene County Schools
Meaghan Loftus – Principal of Ashley Park PreK-8 School in Charlotte
Ellen McIntyre – Dean of the Cato College of Education at UNC Charlotte
Hank Weddington – Dean of the College of Education and Human Services at Lenoir- Rhyne University
Anthony Graham – Dean of the College of Education at North Carolina A&T State University
Lauren Genesky – English Teacher at Millbrook High School in Raleigh
Glenda Jones – Assistant Superintendent of Cabarrus County Schools
Michael Maher – Assistant Dean for Professional Education and Accreditation at NC State University College of Education

45. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom” PEPS COMMISSION MEMBERS
House Appointees
Aaron Fleming – Superintendent of Harnett County Schools
Joseph Childers – Principal of Simon G. Atkins Academic and Technology High School in Winston-Salem
Van Dempsey, III – Dean of the Watson College of Education at UNC Wilmington
Ann Bullock – Dean of the School of Education at Elon University
Connie Locklear – Director of the Indian Education Resource Center in the Public Schools of Robeson County
Robin Hiatt – Teaching and Learning Coach with Johnston County Schools
Westley Wood – Executive Director of Personnel and Human Resources for Wilkes County Schools
Samuel Houston Jr. – President and CEO of the North Carolina Science, Mathematics, and Technology Education Center

46. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Authorizes entities meeting certain criteria to become approved Educator Preparation Programs (EPPs)
Establishes a residency model to replace lateral entry, providing additional support for those teaching as their second career
Creates a structured EPP accountability system
Clarifies the educator licensure process
Ensures availability of information on teacher vacancies occurring in North Carolina public schools
(cont.)

47. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
OVERVIEW (cont.):
Modifies Educator Licensure Requirements, including:
Authorizes a local board to hire a retired principal or assistant principal as an interim principal, regardless of licensure status
Adds additional ways to qualify for a retirement license through part-time work
Exempts members of General Assembly from continuing education credits
Adds Teacher Mentor Qualifications, including:
Allows teachers rated as "proficient" to be mentors.
(cont.)

48. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Makes other various changes, including:
Allows clinical educators and clinical mentors to be rated as “proficient"
Creates a pilot program allowing up to two new eligible EPPs to start in the year
Creates an exception to the GPA requirement for students with at least 10 years of relevant experience
Authorizes the residency license to be renewed twice
Eliminates literacy continuing education requirement for middle school teachers
Requires certain teachers who resign following a recommendation for dismissal be deemed to have voluntarily surrendered their license pending an investigation by the State Board
Authorizes a local board to request that the State Board of Education revoke a teacher's license for the remainder of that school year if a teacher resigns without giving at least 30 days' notice
Authorizes a superintendent to provide notice, explanation, and an opportunity to respond to the charges in writing prior to suspending a teacher who is incarcerated or in custody
Requires local boards of education, charter schools, and regional schools to report to the State Board of Education when a teacher's resignation is related to criminal history
Requires the Reading Improvement Commission to study and recommend changes to professional development in the area of literacy
Makes various conforming changes
(cont.)

49. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: EPP APPROVAL PROCESS
CURRENT LAW:
Under G.S. 115C-296.8, the SBE may approve any institution of higher education as an EPP, provided that it meets standards required by statute and rule. The statutory standards require that the EPP:
Either be State-approved or nationally accredited.
Maintain minimum admission standards, such as satisfactory scores on the Praxis I and a minimum GPA of 2.7 (with an average GPA of at least 3.0 for each cohort).
Provide instruction in certain areas, such as the identification of children with disabilities, positive behavior management, and digital instruction. Additional instruction is required for particular licensure areas.
Require students to participate in field experiences each semester, gradually increasing in time and intensity as each semester goes on. Student teaching must take place for a minimum of 16 weeks.
Require that clinical educators, who supervise student teachers, be licensed, have a minimum of 3 years of experience in a teaching role, and be rated as accomplished on the NC evaluation system.
Maintain a collaborative partnership with elementary schools and secondary schools and enter into a memorandum of understanding (MOU) with local school administrative units where students are placed, defining joint expectations for a collaborative process.
(cont.)

50. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: EPP APPROVAL PROCESS
UNDER NEW LAW:
G.S. 115C creates definitions used throughout Article 20A. Particularly relevant changes include:
EPPs (Educators Preparation Programs): Any entity approved by the SBE rather than only institutions of higher education.
Approved EPPs: EPPs that have met the requirements of the SBE in lieu of national accreditation.
Initially Authorized EPP: An EPP that has been approved by the SBE or nationally accredited, but lacks the data to meet all of the accountability standards.
Authorized EPP: An EPP that has met accountability standards and has been approved by the SBE or nationally accredited.
Recognized EPP: An EPP that is either initially authorized or authorized, and has the authority to recommend students for educator licensure.
Clinical intern: Individual who would have been previously called a student teacher.
Resident: Individual who formerly would have received a lateral entry license.
Clinical mentors: On-site teachers who would serve as mentors to residents.
(cont.)

51. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: EPP APPROVAL PROCESS
UNDER NEW LAW:
G.S. 115C authorizes the SBE to recognize EPPs that meet the standards set out in Article 20A, thus allowing the EPPs to recommend candidates for licensure. Additionally, the statute sets forth the minimum standards EPPs must meet in order to be approved, which mirror those set out by the Council for the Accreditation of Educator Preparation (CAEP). G.S. 115C would identify the process EPPs must go through in order to recommend students for educator licensure. To be initially authorized or authorized, EPPs must be approved by the SBE or accredited by CAEP, and they must satisfy the performance standards in a way that their status is not revoked under G.S. 115C
The minimum admissions requirements outlined in G.S. 115C include a satisfactory Praxis I score. However, since there would no longer be a separate distinction for lateral entry candidates, having a bachelor's degree could also be used to satisfy this requirement. The 2.7 GPA requirement (with an average of at least 3.0 for each cohort), remains the same, but individuals with at least 10 years of relevant experience would be exempted from the individual GPA requirement. Additionally, individuals applying to a CTE program could be exempted from the individual GPA requirement with at least 5 years of relevant experience.
(cont.)

52. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: EPP APPROVAL PROCESS
UNDER NEW LAW:
G.S. 115C leaves intact the EPP content requirements in current statute, but adds additional requirements, such as:
Instruction related to the skills and responsibilities of teachers.
The expectations for student performance based on State standards.
The current supply of and demand for educators in the State.
The State's framework for appraisal of educators.
Middle and high school teacher EPPs must also include adequate coursework in the relevant content area and in the teaching of the relevant content area.
G.S. 115C recodifies existing clinical practice requirements with updated terminology. In addition, the statute lists requirements for residencies, which include:
Residencies must last for a minimum of one year.
EPPs must provide ongoing support to the resident.
A clinical mentor must be assigned to the resident.
Prior to the residency, the resident must complete preservice requirements set by the SBE.
The statute also requires clinical educators to be "proficient" rather than "accomplished". Schools must prioritize "distinguished" and "accomplished" teachers unless there is a particular reason for selecting a "proficient“ teacher. The clinical mentors are held to the same standards as clinical educators.
(cont.)

53. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: EPP ACCOUNTABILITY SYSTEM
CURRENT LAW:
G.S. 115C requires EPPs to submit annual performance reports to the State Board. The statute outlines the minimum data that must be submitted with the report, but provides the SBE with discretion to add additional requirements. The SBE can take action against an EPP if it fails to meet any of the criteria outlined in G.S. 115C-296.8, which includes:
Failing to report required information to the State Board.
Offering misleading or false information about approved programs.
Accepting students into any part of an EPP that is not approved by the SBE.
Failing to comply with the EPP review process.
Failing to meet standards for approval set forth by the SBE.
(cont.)

54. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: EPP ACCOUNTABILITY SYSTEM
UNDER NEW LAW:
G.S. 115C modifies permissive accountability language by requiring the SBE to take action against an EPP when the EPP fails to meet standards on the following indicators, broken down by race, sex, and ethnicity:
Performance of EPP graduates on annual teacher evaluations.
Proficiency and growth of students taught by EPP graduates.
Satisfaction of EPP graduates after their first year of teaching.
Quality of students entering the EPP.
G.S. 115C requires the SBE to annually evaluate an EPP's performance and assign an appropriate accountability status, if necessary, based on an EPP meeting one of the following criteria:
Warned
Overall student performance standard is not met on at least one indicator in any one year.
Any two race, sex, or ethnicity demographic groups' performance standards are not met on at least one indicator for any one year.
Any single race, sex, or ethnicity demographic groups' performance standards are not met on at least one indicator for any two consecutive years.
State Board determines a law or rule violation merits warned status.
(cont.)

55. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: EPP ACCOUNTABILITY SYSTEM
Probation
Overall student performance standard is not met on at least one indicator in two consecutive years.
Any two race, sex, or ethnicity demographic groups' performance standards are not met on at least one indicator for any one year.
Any single race, sex, or ethnicity demographic groups' performance standards are not met on at least one indicator for any three consecutive years.
State Board determines a law or rule violation merits probation status.
Revoked
EPP has been on probation status for three consecutive years.
EPP has been on probation status one year, but SBE determines revoked status is reasonably necessary.
If an EPP is in revoked status, its approval to recommend students for educator licensure is revoked. Other identified sanctions may be implemented at the SBE's discretion, such as:
Requiring the EPP to obtain technical assistance.
Requiring the EPP to obtain professional services from another entity.
Appointing a monitor to oversee and report to the SBE.
Managing the EPP's enrollment.
Any costs associated with the sanctions must be covered by the EPP.
(cont.)

56. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: EPP ACCOUNTABILITY SYSTEM
G.S. 115C requires additional data to be reported to the SBE and ultimately included in the EPP's report card, such as:
The extent to which the program prepares educators to effectively teach students with disabilities and students of limited English proficiency.
The number of EPP graduates who continue teaching at least three years after licensure.
(cont.)

57. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: LATERAL ENTRY
CURRENT LAW:
Under G.S. 115C , individuals with a bachelor's degree may start teaching without having completed an EPP. Eligible individuals receive an initial teaching license and may teach for three years while also completing a program of study designed to prepare the lateral entry teachers for continuing licensure. Lateral entry requirements can be completed at North Carolina colleges and universities, as well as local community colleges.
UNDER NEW LAW:
Replaces the lateral entry license with the residency license. Individuals who already have a bachelor's degree may enroll in an EPP and be employed to teach at the same time. As stated above, G.S. 115C outlines the requirements for residencies, which include:
Residencies must last for a minimum of one year.
EPPs must provide ongoing support to the resident.
A site-based clinical mentor must be assigned to the resident.
Prior to the residency, the resident must complete requirements set by the SBE for field experience and coursework.
NOTE: A lateral entry license may be issued through the school year.
(cont.)

58. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 2: SCHOOL ADMINISTRATORS
CURRENT LAW:
Under G.S. 115C-284(e), school boards may only employ principals who either hold or are qualified to hold a principal's license.
UNDER NEW LAW:
Retired principals or retired assistant principals may be employed as interim principals, regardless of licensure status.
Recodifies G.S. 115C (b), which addresses the standards of approval for school administrator preparation programs, as G.S. 115C-284.1, placing it among the other statutes related to school administrator preparation.
(cont.)

59. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 3: Educator Licensure
CURRENT LAW:
Under G.S. 115C-296, requires the State Board to develop a mentor program for new teachers. Mentors must meet criteria established by the State Board, which must at least include being rated as “accomplished” and having met expectations for student growth.
UNDER NEW LAW:
G.S. 115C allows teachers rated as “proficient” or high to be mentors. Additionally, retired teachers are eligible to be mentors. Priority consideration still given to teachers rated as “distinguished” or “accomplished”
(cont.)

60. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 3: Educator Licensure
UNDER NEW LAW:
G.S. 115C – 115C recodifies existing licensure requirements, as well as making the following changes:
Defines various teacher licenses:
Continuing professional license: 5-year renewable license.
Emergency license: One-year nonrenewable license for individual who holds a bachelor's degree with relevant coursework, but who is not eligible for a residency license.
Initial professional license: 3-year nonrenewable license for individual who has completed a recognized EPP
Lifetime license: License issued after 50 or more years of teaching that requires no renewal
Residency license: One-year license (renewable twice) issued to an individual who has:
Bachelor's degree with either coursework relevant to the requested licensure area or successful completion of the relevant content area examination.
Enrolled in a recognized EPP.
Has completed preservice field experience and coursework.
Retirement license: 5-year renewable license issued to a teacher who retired with 30 or more years of experience and who has served as a substitute teacher or part-time provider of certain educational services since retirement.
(cont.)

61. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 3: Educator Licensure
UNDER NEW LAW:
Section 3.(d) authorizes the SBE to continue to issue lateral entry licenses through the school year.
Section 3.(e) creates a three-year pilot program to allow up to two new EPPs to operate in North Carolina, starting in the school year. To continue operating beyond the pilot period, the EPPs would have to meet the same criteria as other EPPs. Pilot programs would have to meet the following criteria:
Meet the criteria for approval established in G.S. 115C , G.S. 115C , and G.S. 115C
Have a demonstrated track record of success with clearly demonstrated results as an EPP in other states.
Have CAEP accreditation or be in the process of attaining CAEP accreditation in North Carolina or another state.
Section 3.(f) requires the Reading Improvement Commission to study and recommend improvements to professional development for teachers in grades 4 – 12 in the area of literacy.
(cont.)

62. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 3: Educator Licensure
UNDER NEW LAW:
Section 3.(d) authorizes the SBE to continue to issue lateral entry licenses through the school year.
Section 3.(e) creates a three-year pilot program to allow up to two new EPPs to operate in North Carolina, starting in the school year. To continue operating beyond the pilot period, the EPPs must meet the same criteria as other EPPs under SB 599. Pilot programs must meet the following criteria:
Meet the criteria for approval established in G.S. 115C , G.S. 115C , and G.S. 115C
Have a demonstrated track record of success with clearly demonstrated results as an EPP in other states.
Have CAEP accreditation or be in the process of attaining CAEP accreditation in North Carolina or another state.
Section 3.(f) requires the Reading Improvement Commission to study and recommend improvements to professional development for teachers in grades 4 – 12 in the area of literacy.
(cont.)

63. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 4:
Background Checks and Employee Dismissal Procedures
CURRENT LAW:
G.S. 115C-325 and G.S. 115C require, prior to suspending a teacher without pay, a superintendent to meet with the employee and give the employee written notice of the charges, an explanation of the basis for the charges, and an opportunity to respond.
G.S. 115C-325 and G.S. 115C require that a teacher who has been recommended for dismissal and chooses to resign without the written agreement of the superintendent, be reported to the SBE, and be deemed to have voluntarily surrendered his or her license pending an investigation by the SBE. If a teacher who is not recommended for dismissal resigns without giving at least 30 days' notice, the local board may request that the SBE revoke the teacher's license for the remainder of that school year.
(cont.)

64. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 4:
Background Checks and Employee Dismissal Procedures
UNDER NEW LAW:
Authorizes a superintendent, prior to suspending a teacher who is incarcerated or in custody without pay, to provide written notice of the charges, an explanation of the basis for the charges, and an opportunity to respond in writing, rather than meeting with the teacher in person. Additionally, it requires local boards of education to report to the SBE when a teacher's resignation was related to criminal history, regardless of whether dismissal proceedings had begun or the teacher had resigned without permission. The same requirement applies to charter and regional schools.
(cont.)

65. S.L. 2017-189 (S.B. 599) “Excellent Educators for Every Classroom”
Part 5:
Ensure Availability of Information on Teacher Vacancies.
Requires a report on teaching positions that local boards of education are unable to fill by the 40th instructional day. Additionally, it recodifies reporting requirements related to the state of the teaching profession.
Part 6:
Part VI makes various conforming changes.

66. Everything I just told you could change between now and 2018-19, so…
REMEMBER
Everything I just told you could change between now and , so…

67. PAY ATTENTION…
AND

68. COME TO THE NEXT PANC CONFERENCE April 22-25, 2018 Wrightsville Beach, NC