House Bill 428, Teacher Licensure/Retired Educator Program, First Edition (Session 2021)

Summary

House Bill 428 of the General Assembly of North Carolina, Session 2021, First Edition, with the short title Teacher Licensure/Retired Educator Program, referred to Education - K-12 on March 30, 2021. The bill is an act to make changes to teacher licensure requirements and to extend and expand the program to allow retired educators to return to work in high-need schools. Part I, Teacher Licensure Changes, begins with G.S. 115C-270.20(a)(4a), the limited license provision, which the bill rewrites. Part III provides that, except as otherwise provided, the act is effective when it becomes law.

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“House Bill 428, Teacher Licensure/Retired Educator Program, First Edition (Session 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-06-04-h428v1-5bc752375a/, SHA-256 403dee1be76e1c9e2f6d978354290c5b8d12489ebf9ea92a542551aef9977f53.

Full text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 1
HOUSE BILL 428

Short Title: Teacher Licensure/Retired Educator Program. (Public)
Sponsors: Representatives Elmore, Brody, Miller, and Clemmons (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Education - K-12, if favorable, Pensions and Retirement, if favorable, Rules,
Calendar, and Operations of the House
March 30, 2021

1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE CHANGES TO TEACHER LICENSURE REQUIREMENTS AND TO
3 EXTEND 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

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General Assembly Of North Carolina Session 2021
1 appropriate for that teacher. The affidavit shall be signed by
2 the superintendent for the local board of education seeking to
3 employ the teacher.
4 For renewal of a limited license, the local board of education shall evaluate
5 the teacher's effectiveness every three years. For teachers that teach subjects
6 that use the Education Value-Added Assessment System (EVAAS), the data
7 must demonstrate that the teacher meets or exceeds expectations of growth as
8 measured by EVAAS, if available."
9 SECTION 1.1.(b) This section applies (i) to any teacher who holds a limited license
10 as nonrenewable as of the date this act becomes law and (ii) beginning with applications
11 submitted on or after the date this act becomes law.
12 SECTION 1.2.(a) The State Board of Education, in consultation with the
13 Department of Public Instruction and the Professional Educator Preparation and Standards
14 Commission (PEPSC), shall develop an alternative to the examination requirements for
15 conversion from an initial professional license (IPL) and a residency license (RL) to a continuing
16 professional license (CPL) under G.S. 115C-270.15. The alternative to the examination shall
17 provide for a process to accommodate different circumstances in which the examination may not
18 be required or be the most appropriate or efficient pathway of evaluating a teacher's readiness or
19 effectiveness for licensure.
20 In addition, the State Board, in consultation with the Department and PEPSC, shall
21 examine issues related to licensure classes and teacher salary, including ways to increase
22 recruitment and retention by directly corresponding classes of licensure with amount of
23 compensation. In conducting the study, the State Board shall identify any changes in State law
24 necessary for any proposed recommendations resulting from the findings.
25 SECTION 1.2.(b) By February 15, 2022, the State Board, in consultation with the
26 Department and PEPSC, shall report to the Joint Legislative Education Oversight Committee on
27 (i) the development of the alternative to examination requirements for conversion of IPLs and
28 RLs to CPLs, (ii) any proposed salary incentives tied to classes of licensure, and (iii) any
29 legislative changes needed for implementation of the recommendations.
30
31 PART II. EXTEND AND EXPAND THE PROGRAM TO ALLOW RETIRED
32 EDUCATORS TO RETURN TO WORK IN HIGH-NEED SCHOOLS
33 SECTION 2.(a) Section 6 of S.L. 2019-110 reads as rewritten:
34 "SECTION 6. This act becomes effective July 1, 2019, and expires June 30, 2021.2024."
35 SECTION 2.(b) Subsection (f) of Section 7 of S.L. 2019-212 reads as rewritten:
36 "SECTION 7.(f) This section becomes effective July 1, 2019, and expires June 30,
37 2021.2024."
38 SECTION 2.(c) G.S. 115C-302.4 reads as rewritten:
39 "§ 115C-302.4. High-need retired teachers.
40 (a) Definitions. – The following definitions apply in this section:section, unless the
41 context requires otherwise:
42 (1) High-need retired teacher. – A teacher who is a beneficiary of the Teachers'
43 and State Employees' Retirement System of North Carolina who meets both
44 of the following requirements:
45 a. Retired on or before February 1, 2019, after attaining (i) the age of at
46 least 65 with five years of creditable service, (ii) the age of at least 60
47 with 25 years of creditable service, or (iii) 30 years of creditable
48 service.
49 b. Is reemployed by a local board of education to provide classroom
50 instruction as a teacher, as defined in G.S. 135-1(25), employed on an

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General Assembly Of North Carolina Session 2021
1 annual contract to provide classroom instruction exclusively at a
2 high-need school or schools.
3 (2) High-need school. – A school that, at any point on or after July 1, 2017, meets
4 one of the following criteria:
5 a. Is a Title I school. As used in this sub-subdivision, a Title I school is a
6 school identified under Part A of Title I of the Elementary and
7 Secondary Education Act of 1965, as amended.
8 b. Receives an overall school performance grade of D or F, as calculated
9 by the State Board of Education pursuant to G.S. 115C-83.15(d).
10 (3) STEM. – Science, technology, engineering, and mathematics.
11 (4) Teacher. – Licensed personnel who are classified as teachers or instructional
12 support personnel.
13 (b) Salary Level. – A high-need retired teacher shall be compensated as follows:
14 (1) Except as provided in subdivision (2) of this subsection, a high-need retired
15 teacher shall be paid on the first step of the teacher salary schedule.
16 (2) If a high-need retired teacher serves as a teacher in any of the following
17 licensure areas, meets any of the following criteria, he or she shall be paid on
18 the sixth step of the teacher salary schedule:
19 a. Provides classroom instruction in any of the following licensure areas:
20 a.1. STEM.
21 b.2. Special education.
22 b. Is any of the following:
23 1. A school psychologist.
24 2. A school speech pathologist who is licensed as a speech
25 pathologist at the master's degree level or higher.
26 3. A school audiologist who is licensed as an audiologist at the
27 master's degree level or higher.
28 (c) No State Salary Supplements or Increase in Salary. – A high-need retired teacher shall
29 not receive any State salary supplement or State bonus. A high-need retired teacher shall not
30 move beyond the salary steps prescribed by subsection (b) of this section, regardless of the length
31 of time spent as a high-need retired teacher.
32 (d) Local Salary Supplement. – A high-need retired teacher shall receive any local salary
33 supplements that are given to employees of the local board of education.
34 (e) Term of Contract. – A contract between the local board of education and a high-need
35 retired teacher shall be for a term of no more than one school year.
36 (f) Identification of STEM and Special Education Licensure Areas. – The Superintendent
37 of Public Instruction shall identify and provide to each local school administrative unit a list of
38 STEM and special education licensure areas that qualify for reemployment pursuant to
39 subdivision (b)(2) of this section. Local school administrative units shall make the list of STEM
40 and special education licensure areas available to high-need retired teachers."
41 SECTION 2.(d) Section 5(d) of S.L. 2019-110, as amended by Section 7(c) of S.L.
42 2019-212, reads as rewritten:
43 "SECTION 5.(d) Any beneficiary that is employed to teach by a local board of education
44 as a high-need retired teacher, as defined in G.S. 115C-302.4(a)(1), shall not be eligible to elect
45 into a position that would lead him or her to be eligible to accrue any additional benefits under
46 G.S. 135-3(8). Any failure of a local board of education or a beneficiary to comply with the
47 foregoing shall be corrected by the Retirement System as it determines may be appropriate under
48 State and federal law. Any costs of the correction, as determined by the Retirement System, shall
49 be the sole responsibility of the local board of education and shall be transferred to the Pension
50 Accumulation Fund under G.S. 135-8, under rules adopted by the Board of Trustees."

House Bill 428-First Edition Page 3
General Assembly Of North Carolina Session 2021
1 SECTION 2.(e) This section is effective when this act becomes law and expires June
2 30, 2024.
3
4 PART III. EFFECTIVE DATE
5 SECTION 3. Except as otherwise provided, this act is effective when it becomes
6 law.

Page 4 House Bill 428-First Edition

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