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Proposed Rules To Implement and Give Effect to Session Law 2019-154, HB 362,

Public Notice

Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina State Board of Education intends to adopt the proposed rules below, which are cited as 16 NCAC 06B .0111-.0114; 06C .0334-.0397; 06C .0701; 06D .0211-.0212; 06D .0307-.0311; 06D .0313; 06E .0106-.0107; 06E .0204-.0206; 06G .0314-.0316; 06G 0503-.0524; 06H .0113-.0117; 06K .0101; 06K .0103-.0105

Written Comments and Public Hearings

Public hearings for the proposed rules below will be held at 301 N. Wilmington Street, Raleigh, NC 27601 (Education Building) on the following dates:

  • January 30, 2020; 9:00 a.m. (7th Floor Board Lounge)
  • February 13, 2020; 9:00 a.m.  (7th Floor Board Lounge)

Written Comments may be submitted on or before March 2, 2020 via email:  lou.martin@dpi.nc.gov or mailed to:

Lou Martin, Research Assistant
State Board of Education
6302 Mail Service Center
Raleigh, NC  27699-6302

Comment Period

The public comment period closes on March 2, 2020.

Additional Information

For additional information, please contact Lou Martin via email: lou.martin@dpi.nc.gov or phone: 919-807-3402 – Fax: 919-807-3198


Proposed Rules and Reason for Proposed Action

Section 27.(b) of Session Law 2019-154 became law on July 22, 2019, and conferred “interim rule” status on certain existing State Board of Education (SBE) policies. Pursuant to that law the SBE adopted emergency rules and submitted them for codification. The SBE submits this notice for publication of text in order to adopt previously-adopted emergency rules as permanent rules. The SBE takes these steps in order “to ensure that administration of the free public schools shall continue without interruption.” See S.L. 2019-154, Sec. 27.(b).

The reference document listed below provides a crosswalk of existing SBE policies and proposed rules:

  SBE Proposed Rules

For purposes of clarity and brevity, the SBE proposes separating elements of the emergency rules identified below into multiple proposed rules; these proposed changes will not result in  substantive changes to the requirements of the emergency rules or change the manner by which they have been implemented.

16 NCAC 06C .0316 (SBE Policy LICN-001) is being recodified as 16 NCAC 06C .0334-.0360
16 NCAC 06C .0319 (SBE Policy LICN-005) is being recodified as 16 NCAC 06C .0361-.0363
16 NCAC 06C .0320 (SBE Policy LICN-006) is being recodified as 16 NCAC 06C .0364-.0370
16 NCAC 06C .0321 (SBE Policy LICN-007) is being recodified as 16 NCAC 06C .0372-.0377
16 NCAC 06C .0322 (SBE Policy LICN-008) is being recodified as 16 NCAC 06C .0371
16 NCAC 06C .0323 (SBE Policy LICN-021) is being recodified as 16 NCAC 06C .0378-.0380
16 NCAC 06C .0327 (SBE Policy TCED-009) is being recodified as 16 NCAC 06C .0391-.0392
16 NCAC 06C .0328 (SBE Policy TCED-012) is being recodified as 16 NCAC 06C .0395-.0396
16 NCAC 06C .0331 (SBE Policy TCED-015) is being recodified as 16 NCAC 06C .0386-.0390
16 NCAC 06C .0332 (SBE Policy TCED-016) is being recodified as 16 NCAC 06C .0381-.0385

16 NCAC 06B .0111 – School Bus Passengers

16 NCAC 06B .0111 – School Bus Passengers is proposed for adoption to assure that school districts provide proper school bus safety training to all pupils in the school district and to establish a minimum set of items which must be taught to pupils as part of that training.

 Proposed Rule

16 NCAC 06B .0112 – Purchase of School Bus Equipment

16 NCAC 06B .0112 – Purchase of School Bus Equipment is proposed for adoption in support of a common equipment standard for all school buses operated by the school districts in North Carolina and to assure the safe transportation of pupils throughout the legislated lifetime of the vehicle.

Proposed Rule

16 NCAC 06B .0113 – Activity Bus Drivers

16 NCAC 06B .0113 – Activity Bus Drivers is proposed for adoption in order to require that staff operating activity buses that require a Commercial Driver’s License (CDL) to receive the same training and meet the same qualifications as school bus drivers. Absent this requirement a CDL license acquired in any state could be utilized to drive an activity bus with no driver training and certification in advance.

Proposed Rule

16 NCAC 06B .0114 – School Bus and Activity Bus Inspections

16 NCAC 06A .0114 – School Bus and Activity Bus Inspections is proposed for adoption to require that inspections required pursuant to G.S. 115C-248 must be performed by an individual who has met the training and certification requirements of the Department of Public Instruction. The rule is necessary for safety reasons because school and activity buses do not require state or federal inspections and thus do not fall under those training and certification requirements.

Proposed Rule

16 NCAC 06C .0334 – Definitions

16 NCAC 06C .0334 – Definitions for Educator Preparation and Licensure Rules is proposed for adoption to establish understanding and meaning for vocabulary and terminology that is found throughout the rules to support licensure and educator preparation processes.

Proposed Rule

16 NCAC 06C .0335 – NC Educator License for Area of Assignment

16 NCAC 06C .0317 – North Carolina Educator License for Area of Assignment is proposed for adoption to establish that an individual employed as an educator in a North Carolina public school holds an educator’s license appropriate for the area of assignment.

Proposed Rule

16 NCAC 06C .0336– License Levels for a NC Educator License

16 NCAC 06C .0336 – License Levels for a North Carolina Educator License is proposed for adoption to establish the five levels of professional educator licenses that are available in North Carolina.

Proposed Rule

16 NCAC 06C .0337 – Basic Entity Data to Apply for a NC Educator License

16 NCAC 06C .0337 – Basic Entity Data to Apply for a North Carolina Educator License is proposed for adoption to establish what basic entity data every applicant for a North Carolina educator license must provide.

 Proposed Rule

16 NCAC 06C .0338 – Licensure Transaction Checklist to Apply for a NC Educator License

16 NCAC 06C .0338 – Licensure Transaction Checklist to Apply for a North Carolina Educator License is proposed for adoption to establish what documentation an applicant for a North Carolina educator license must provide to complete the licensure transaction checklist.

 Proposed Rule

16 NCAC 06C .0339 –Requirements to be Issued a Continuing Professional License for an Educator

16 NCAC 06C .0339 – Requirements to be Issued a Continuing Professional License for an Educator is proposed for adoption to establish the requirements to convert an initial educator’s license to a Continuing Professional License.

Proposed Rule

16 NCAC 06C .0340 – Requirements to be Issued an Initial Professional License (IPL)for an Educator

16 NCAC 06C .0340 – Requirements to be Issued an Initial Professional License (IPL) for an Educator is proposed for adoption to establish the requirements to be issued an IPL for out-of-state or in-state applicants.

Proposed Rule

16 NCAC 06C .0341 – Requirements to be Issued a Residency License

16 NCAC 06C .0341 – Requirements to be Issued a Residency License is proposed for adoption to establish the requirements for an applicant to be issued a Residency License.

Proposed Rule

16 NCAC 06C .0342 – Requirements to Add a Provisional Teaching Area to a North Carolina Educator License

16 NCAC 06C .0342 – Requirements to Add a Provisional Teaching Area to a North Carolina Educator License is proposed for adoption to establish the requirements to add a provisional teaching area to a Continuing Professional License, Initial Professional License, or Career and Technical Education Restricted License.

Proposed Rule

16 NCAC 06C .0343 – Degree Level Requirement to be Issued a Provisional License for Student Services Personnel

16 NCAC 06C .0343 – Degree Level Requirement to be Issued a Provisional License for Student Services Personnel is proposed for adoption to establish that a Provisional License for Student Services Personnel may be issued at a degree level other than that required for the Educator Preparation Program recommendation.

Proposed Rule

16 NCAC 06C .0344 – Requirements to be Issued a Provisional Student Services License

16 NCAC 06C .0344 – Requirements to be Issued a Provisional Student Services License is proposed for adoption to establish the requirements for five Student Services Licensees; including School Counselors, School Social Workers, Media Coordinators, School Psychologists, and Curriculum and Instructional Specialists.

Proposed Rule

16 NCAC 06C .0345 – Requirements to be Issued a Provisional License for Principals and Assistant Principals

16 NCAC 06C .0345 – Requirements to be Issued a Provisional License for Principals and Assistant Principals is proposed for adoption to establish the requirements for this one-year Provisional License for individuals selected by local boards of education. 

Proposed Rule

16 NCAC 06C .0346 – Requirements to be Issued a Permit to Teach

16 NCAC 06C .0346 – Requirements to be Issued a Permit to Teach is proposed for adoption to establish the requirements an applicant must fulfill to be issued a Permit to Teach.

Proposed Rule

16 NCAC 06C .0347 – Recommendation to be Issued an Initial Professional License

16 NCAC 06C .0347 – Recommendation to be Issued an Initial Professional License is proposed for adoption to establish that an applicant must be recommended by a state approved Educator Preparation Program (EPP) or by the State Board of Education directly to be issued this license.

Proposed Rule

16 NCAC 06C .0348 – Enrollment and Employment Requirements for a Residency License

16 NCAC 06C .0348 – Enrollment and Employment Requirements for a Residency License is proposed for adoption to establish that applicants for a Residency License must be enrolled in a North Carolina approved Educator Preparation Program and employed in a North Carolina public school system to be eligible for this license.

Proposed Rule

16 NCAC 06C .0349 – Comparability for Out-of-State Licensure Exams

16 NCAC 06C .0349 – Comparability for Out-of-State Licensure Exams is proposed for adoption to establish the meaning of comparability for out-of-state licensure exams as set by the North Carolina State Board of Education for an out-of-state applicant.

Proposed Rule

16 NCAC 06C .0350 – Duration of an Initial Professional License

16 NCAC 06C .0350 – Duration of an Initial Professional License (IPL) is proposed for adoption to establish the length of time of an IPL, the expiration date of the license, and conditions for an extension of the license.

Proposed Rule

16 NCAC 06C .0351 – Testing Requirements to Convert an Expired License

16 NCAC 06C .0351 – Testing Requirements to Convert an Expired License is proposed for adoption to establish that the State Board of Education required licensure exams be met to convert an expired license.

Proposed Rule

16 NCAC 06C .0352 – Testing Requirements to Convert a Lateral Entry License

16 NCAC 06C .0352  – Testing Requirements to Convert a Lateral Entry License is proposed for adoption to establish the testing requirements to convert an expired lateral entry license by June 30, 2022.

Proposed Rule

16 NCAC 06C .0353 – Deadline for Licensure Testing Requirements

16 NCAC 06C .0353 – Deadline for Licensure Testing Requirements is proposed for adoption to establish a deadline for an individual to complete the State Board of Education licensure testing requirements.

Proposed Rule

16 NCAC 06C .0354 – Effectiveness Data Requirement to Qualify for a Continuing Professional License for an Out-of-State Applicant

16 NCAC 06C .0354 – Effectiveness Data Requirement to Qualify for a Continuing Professional License for an Out-of-State Applicant is proposed for adoption to establish the requirement for an out-of-state applicant to submit effectiveness data to qualify for a continuing license.

Proposed Rule

16 NCAC 06C .0355 – Teaching Experience Requirements to be Issued a North Carolina Educator License for Out-of-State Applicants

16 NCAC 06C .0355 – Teaching Experience Requirements to be Issued a North Carolina Educator License for Out-of-State Applicants is proposed for adoption to establish the teaching experience requirements for an out-of-state applicant to be issued a NC educator license, including Elementary Education or Exceptional Children-General Curriculum.

Proposed Rule

16 NCAC 06C .0356 – Content Area Examination and Coursework Requirements to be Issued a Residency License

16 NCAC 06C .0356 – Content Area Examination and Coursework Requirements to be Issued a Residency License is proposed for adoption to establish that an applicant for a Residency License must have either completed 24 hours of coursework or passed the State Board of Education approved content area examination to be granted the license.

Proposed Rule

16 NCAC 06C .0357 – Requirements to be Issued an International Faculty License

16 NCAC 06C .0357 – Requirements to be Issued an International Faculty License (IFL) is proposed for adoption to establish the requirements an applicant must complete to be issued an IFL.

Proposed Rule

16 NCAC 06C .0358 – Restrictions to be Issued an Alternative License

16 NCAC 06C .0358 – Restrictions to be Issued an Alternative License is proposed for adoption to establish the limitations of the Residency License and the Permit to Teach. An individual may not hold a Permit to Teach or Emergency License if issued a Residency License first. In addition, the Permit to Teach shall only be issued once and is ineligible for an extension.

Proposed Rule

16 NCAC 06C .0359 – Restrictions for an Emergency License

16 NCAC 06C .0359 – Restrictions for an Emergency License (EL) is proposed for adoption to establish the restrictions for an individual who holds an EL. An EL does not guarantee that the license holder qualifies for any other type of licensure and it shall only be issued at the A-Level and cannot be extended.

Proposed Rule

16 NCAC 06C .0360 – Applicant Eligibility to be Issued a Lifetime License

16 NCAC 06C .0360 – Applicant Eligibility to be Issued a Lifetime License is proposed for adoption to establish who is and is not eligible to be issued a Lifetime License.

Proposed Rule

16 NCAC 06C .0361 – Requirements for an Educator to be Placed on a Mandatory Improvement Plan

16 NCAC 06C .0361 – Requirements for an Educator to be Placed on a Mandatory Improvement Plan is proposed for adoption to establish how an educator is placed on a mandatory improvement plan and how this affects licensure for that individual. 

Proposed Rule

16 NCAC 06C .0362 – Renewal Credit Requirements to Renew a Continuing Professional License for Teachers and Support Service Personnel

16 NCAC 06C .0362 – Renewal Credit Requirements to Renew a Continuing Professional License (CPL) for Teachers and Support Service Personnel is proposed for adoption to establish what renewal credit requirements exist for teachers and support service personnel who hold a CPL.

Proposed Rule

16 NCAC 06C .0363 – Renewal Credit Requirements to Renew a Continuing Professional License for School Administrators

16 NCAC 06C .0363 – Renewal Credit Requirements to Renew a Continuing Professional License (CPL) for School Administrators is proposed for adoption to establish what renewal credit requirements exist for school administrators who hold a CPL.

Proposed Rule

16 NCAC 06C .0364 – Experience/Degree Credit for Salary Purposes

16 NCAC 06C .0364 – Experience/Degree Credit for Salary Purposes is proposed for adoption to establish the requirements for experience and degree credit for salary purposes. 

Proposed Rule

16 NCAC 06C .0365 – Non-Teaching Work Experience Credit Requirements for North Carolina Educators

16 NCAC 06C .0365 – Non-Teaching Work Experience Credit Requirements for North Carolina Educators is proposed for adoption to establish the requirements for non-teaching work experience to count as experience credit for North Carolina Educators.

Proposed Rule

16 NCAC 06C .0366 – Experience Credit Requirements for Career and Technical Education Teachers

16 NCAC 06C .0366 – Experience Credit Requirements for Career and Technical Education (CTE) Teachers is proposed for adoption to establish the requirements for experience credit for CTE teachers.

Proposed Rule

16 NCAC 06C .0367 – Experience Credit Requirements for Junior Reserve Officers’ Training Corps Instructors

16 NCAC 06C .0367 – Experience Credit Requirements for Junior Reserve Officers’ Training Corps (JROTC) Instructors is proposed for adoption to establish the requirements for experience credit for JROTC Instructors.

Proposed Rule

16 NCAC 06C .0368 – Requirements to be Awarded the Corporal Pruitt Rainey Brass to Class Act

16 NCAC 06C .0368 – Requirements to be Awarded the Corporal Pruitt Rainey Brass to Class Act is proposed for adoption to establish the requirements for a veteran to be awarded the Corporal Pruitt Rainey Brass to Class Act.

Proposed Rule

16 NCAC 06C .0369 – Requirements for an Educator to be Granted Master’s Degree Level Pay

16 NCAC 06C .0369 –  Requirements for an Educator to be Granted Master’s Degree Level Pay is proposed for adoption to establish the requirements for an educator to be granted a salary at the Master’s degree level.

Proposed Rule

16 NCAC 06C .0370 – Experience Credit Restrictions Enforced by the Appeals Panel

16 NCAC 06C .0370 – Experience Credit Restrictions Enforced by the Appeals Panel is proposed for adoption to establish the restrictions for experience credit as enforced by the Appeals Panel.

Proposed Rule

16 NCAC 06C .0371 – Licensure Fees for North Carolina Educators

16 NCAC 06C .0371 – Licensure Fees for North Carolina Educators is proposed for adoption to establish what the licensure fees are for North Carolina Educators to be issued, change, or renew an educator license

Proposed Rule

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 .0372 – Denying a License Application or Suspension or Revocation of a License Issued by the North Carolina Department of Public Instruction is proposed for adoption to establish the reasons for denying a license application or suspending or revoking a license issued by the North Carolina Department of Public Instruction.

Proposed Rule

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 .0373 – Reporting Requirements for Suspected Child Abuse by a Local Education Agency (LEA) Administrator to the Superintendent of Public Instruction is proposed for adoption to establish the requirements for a LEA Administrator to report suspected child abuse to the Superintendent of Public Instruction.

Proposed Rule

16 NCAC 06C .0374 – Investigation Requirements to Determine Reasonable Cause to Suspend or Revoke an Educator License

16 NCAC 06C .0374 – Investigation Requirements to Determine Reasonable Cause to Suspend or Revoke an Educator License is proposed for adoption to establish the requirements to investigate whether there is reasonable cause to suspend or revoke an Educator License.

Proposed Rule

16 NCAC 06C .0375 – Voluntary Surrender of an Educator License

16 NCAC 06C .0375 – Voluntary Surrender of an Educator License is proposed for adoption to establish the what actions the State Board of Education can take when an educator decides to voluntarily surrender their license.

Proposed Rule

16 NCAC 06C .0376 – Reinstatement or Issuance for an Educator with a Suspended or Revoked License by the State Board of Education

16 NCAC 06C .0376 – Reinstatement or Issuance for an Educator with a Suspended or Revoked License by the State Board of Education (SBE) is proposed for adoption to establish the actions of the SBE when an educator has a suspended or revoked license, including reinstatement of the license.

Proposed Rule

16 NCAC 06C .0377 – Notification to Other States Involving Denial, Suspension, Revocation, Surrender, or Reinstatement of a Professional Educator’s License

16 NCAC 06C .0377 – Notification to Other States Involving Denial, Suspension, Revocation, Surrender, or Reinstatement of a Professional Educator’s License is proposed for adoption to establish that the State Board of Education will notify all states of all actions which involve denial, suspension, revocation, surrender, or reinstatement of a license for a professional educator.

Proposed Rule

16 NCAC 06C .0378 – Procedure for Seeking Exception from Licensure Requirements

16 NCAC 06C .0378 – Procedure for Seeking Exception from Licensure Requirements is proposed for adoption to establish the requirements, as set by the State Board of Education, to grant one-year extensions of time to satisfy licensure requirements due to extenuating circumstances for an educator.

Proposed Rule

16 NCAC 06C .0379 – One-Year Extension Process for Coursework Requirements to Fulfill Licensure Requirements

16 NCAC 06C .0379 – One-Year Extension Process for Coursework Requirements to Fulfill Licensure Requirements is proposed for adoption to establish the process for an Local Education Agency (LEA) to request a one-year extension for an educator to satisfy coursework due to extenuating circumstances to maintain a license.

Proposed Rule

16 NCAC 06C .0380 – Decision of the State Board of Education for a Requested Extension for an Educator’s License

16 NCAC 06C .0380 – Decision of the State Board of Education for a Requested Extension for an Educator’s License is proposed for adoption to establish that the State Board of Education shall make a decision to grant the requested extension after receiving the Appeal Panel’s recommendation.

Proposed Rule

16 NCAC 06C .0381 – Beginning Teacher Support Program Requirements

16 NCAC 06C .0381 – Beginning Teacher Support Program Requirements is proposed for adoption to establish the requirements of a Beginning Teacher Support Program and Beginning Teacher Support Plan for all public school units.

Proposed Rule

16 NCAC 06C .0382 – Beginning Teacher Support Requirements

16 NCAC 06C .0382 – Beginning Teacher Support Requirements is proposed for adoption to establish what all public school units must do to support beginning teachers. 

Proposed Rule

16 NCAC 06C .0383 – Beginning Teacher Professional Development Plan

16 NCAC 06C .0383 – Beginning Teacher Professional Development Plan is proposed for adoption to establish the requirements of a Professional Development Plan for all beginning teachers.

Proposed Rule

16 NCAC 06C .0384 – Mentor Program Requirements

16 NCAC 06C .0384 – Mentor Program Requirements is proposed for adoption to establish the requirements for the mentor program for a public school unit’s Beginning Teacher Support Program. 

Proposed Rule

16 NCAC 06C .0385 – Standards that Determine Teacher Ratings

16 NCAC 06C .0385 – Standards that Determine Teacher Ratings is proposed for adoption to establish the five standards that determine teacher proficiency as used in the North Carolina Educator Evaluation System (NCEES).

Proposed Rule

16 NCAC 06C .0386 – School Administrator Preparation Program Coursework Requirements

16 NCAC 06C .0386 – School Administrator Preparation Program Coursework Requirements is proposed for adoption to establish the coursework requirements for School Administrator Preparation Programs that address the North Carolina Standards for School Executives.

Proposed Rule

16 NCAC 06C .0387 – School Administrator Preparation Program Curriculum Requirements

16 NCAC 06C .0387 – School Administrator Preparation Program Curriculum Requirements is proposed for adoption to establish the curriculum requirements for School Administrator Preparation Programs to be aligned with the North Carolina Standards for School Executives that addresses student learning and school improvement.

Proposed Rule

16 NCAC 06C .0388 – School Administrator Preparation Program Internship Requirements

16 NCAC 06C .0388 – School Administrator Preparation Program Internship Requirements is proposed for adoption to establish requirements of an internship for a School Administrator Preparation Program as part of its curriculum.

Proposed Rule

16 NCAC 06C .0389 – School Administrator Preparation Program Internship Site Requirements

16 NCAC 06C .0389 – School Administrator Preparation Program Internship Site Requirements is proposed for adoption to establish the site requirements for an internship for a School Administrator Preparation Program.

Proposed Rule

16 NCAC 06C .0390 – School Administrator Preparation Program Requirements

16 NCAC 06C .0390 – School Administrator Preparation Program Requirements is proposed for adoption to establish the requirements for creating and implementing a School Administrator Preparation Program as approved by the State Board of Education.

Proposed Rule

16 NCAC 06C .0391 – Testing Exemptions for Admission into an Educator Preparation Program

16 NCAC 06C .0391 – Testing Exemptions for Admission into an Educator Preparation Program is proposed for adoption to establish the testing exemptions for a student seeking admission to an Educator Preparation Program.

Proposed Rule

16 NCAC 06C .0392 – Testing Requirements for Admission into an Educator Preparation Program

16 NCAC 06C .0392 – Testing Requirements for Admission into an Educator Preparation Program (EPP) is proposed for adoption to establish the testing requirements for an individual to be admitted into an EPP.

Proposed Rule

16 NCAC 06C .0393 – Mathematics Instructional Requirements for Educator Preparation Programs Training Elementary and Exceptional Children General Curriculum Teachers

16 NCAC 06C .0393 – Mathematics Instructional Requirements for Educator Preparation Programs (EPPs) Training Elementary and Exceptional Children General Curriculum Teachers is proposed for adoption to establish the instructional requirements for mathematics for EPPs training Elementary Education and Exceptional Children General Curriculum teachers. 

Proposed Rule

16 NCAC 06C .0394 – Standards of Practice for Innovative or Experimental Programs for School Administrator Preparation

16 NCAC 06C .0394 – Standards of Practice for Innovative or Experimental Programs for School Administrator Preparation is proposed for adoption to establish the standards the practice for an Innovative or Experimental Program for School Administrator Preparation.

Proposed Rule

16 NCAC 06C .0395 – Process for Filing a Complaint Against an Educator Preparation Program (EPP)

16 NCAC 06C .0395 – Process for Filing a Complaint Against an Educator Preparation Program (EPP) is proposed for adoption to establish the process for a student of an EPP to file a complaint against the EPP.

Proposed Rule

16 NCAC 06C .0396 – Restrictions on the Authority of the State Board of Education on Complaints Against an Educator Preparation Program (EPP)

16 NCAC 06C .0396 – Restrictions on the Authority of the State Board of Education (SBE) on Complaints Against an Educator Preparation Program (EPP) is proposed for adoption to establish that the SBE does not have jurisdiction over complaints against EPPs that focus on four different areas: contractual arrangements with an EPP, commercial issues, grade issues, and seeing readmittance to an EPP.

Proposed Rule

16 NCAC 06C .0397 – Educator Preparation Program Coursework Requirements for All Programs

16 NCAC 06C .0397 – Educator Preparation Program (EPP) Coursework Requirements for All Programs  is proposed for adoption to establish the coursework requirements for all programs in an EPP.

Proposed Rule

16 NCAC 06C .0701 – Model Contracts for Teachers

16 NCAC 06C .0701 – Model Contracts for Teachers is proposed for adoption in order to implement state law directing the State Board of Education to develop by rule a model contract for use by local boards of education in awarding teacher contracts.

Proposed Rule

16 NCAC 06D .0211 – Textbook Evaluation Criteria and Invitation to Submit

16 NCAC 06D .0211 – Textbook Evaluation Criteria and Invitation to Submit is proposed for adoption in order to implement statutory requirements that direct the State Board of Education to develop criteria used to evaluate textbooks and ensure the books meet the teaching requirements of the State public schools. The criteria are used in the selection and adoption of basic textbooks or series of books aligned with the Standard Course of Study for instructional purposes at each grade level for all content or subject areas in elementary and secondary schools of North Carolina. The criteria are included in the Invitation to Submit which provides the required procedures for submission, evaluation and adoption of textbooks and a schedule for the process.

Proposed Rule

16 NCAC 06D .0212 – Textbook Publishers Registry

16 NCAC 06D .0212 – Textbook Publishers Registry is proposed for adoption in order to implement statutory requirements that direct the State Board of Education to make all necessary rules and regulations to notify publishers of calls for adoption and to request sealed bids from publishers showing all books submitted for evaluation and consideration for adoption. Publishers must register for the NC Publishers Registry in order to receive the State Board of Education approved Invitation to Submit Textbooks for Evaluation and Adoption in North Carolina. 

Proposed Rule

16 NCAC 06D .0307 – Test Administration in Public Schools

16 NCAC 06D .0307 – Test Administration in Public Schools is proposed for adoption for the assessment results to be valid, the  proposed rule is necessary to maintain test security. In addition to providing expectations for maintaining test security, this policy ensures parents are notified of the scheduled test and receive test scores in a reasonable time.

Proposed Rule

16 NCAC 06D .0308 – Role of the Testing Coordinator

16 NCAC 06D .0308 – The Role of the Testing Coordinator is proposed for adoption. The proposed rule specifies the requirements for certain individuals involved in administering the North Carolina Testing Program.

Proposed Rule

16 NCAC 06D .0309 – Requirements of End-of-Course Assessments

16 NCAC 06D .0309 – Requirements of End-of-Course Assessments is proposed for adoption. With the statewide assessment program, the proposed rule is necessary to specify the students eligible to take an assessment and the appropriate and required use of the state test scores. Federal law requires at least 95% of all students be assessed on the required assessments.

Proposed Rule

Federal Certification

16 NCAC 06D .0310 – Appropriate Use of State Tests

16 NCAC 06D .0310 – Appropriate Use of State Tests is proposed for adoption to restrict the use of the state tests and protect against their misuse.  The misuse of tests could compromise the security and result in a test being invalidated, which would require the State to produce a new test an additional cost.

Proposed Rule

16 NCAC 06D .0311 – Testing Code of Ethics

16 NCAC 06D .0311 – The Testing Code of Ethics is proposed for adoption to specify what can and cannot be done in a test administration or with the test data. It affirms the requirement for test security and states consequences if security is breached.

Proposed Rule

16 NCAC 06D .0313 – Use of State-Designated Assessments for the NC Teacher Evaluation Process

16 NCAC 06D .0313 – Use of State-Designated Assessments for the NC Teacher Evaluation Process is proposed to establish requirements for the assessments used as standardized artifacts to report student growth for teachers and school growth for participants in the North Carolina Teacher Evaluation Process. This enables teachers to have a growth designation as reported in EVAAS. The following assessments are considered standardized artifacts reflective of student growth for teachers and school growth for participants in the Teacher Evaluation Process; End-of-Grade English Language Arts/Reading (grades 3–8), End-of-Grade Mathematics (grades 3–8), End-of-Grade Science (grades 5 and 8), End-of-Course NC Math 1, End-of-Course English II, End-of-Course Biology, NC Final Exams,  K–3 Checkpoints, Career and Technical Education State Assessments.

Proposed Rule

16 NCAC 06E .0107 – School Violence Acts Defined and Annual Report of these Crimes

16 NCAC 06E .0107 – School Violence Acts Defined and Annual Report of these Crimes is proposed for adoption in order to implement state law directing the State Board of Education to compile a report on dropout rates, suspensions, expulsions, uses of corporal punishment, reassignments for disciplinary purposes, alternative placements, and acts of violence in the public schools and to report annually to the Joint Legislative Education Oversight Committee.

Proposed Rule

16 NCAC .06E .0106 – Definition of Student Chronic Absenteeism Rate

16 NCAC .06E .0106 – Definition of Student Chronic Absenteeism Rate is proposed for adoption to implement statutory requirements.  Chronic absence differs from both truancy and average daily attendance. Chronic absence refers to missing so much school, for any reason – excused, unexcused, suspension – that a student is at risk of falling behind. Daily attendance is the percentage of students present in a school each day. Truancy measures unexcused absences only. The federal Every Student Succeeds Act requires that chronic absenteeism data be included on the State and LEA Report Cards starting with the report cards that include information for the 2017-18 school year.

Proposed Rule

Federal Certification

16 NCAC 06E. 0204 – Interscholastic Athletics

16 NCAC 06E. 0204 – Interscholastic Athletics is proposed for adoption to implement statutory requirements that the State Board of Education adopt rules regarding interscholastic athletic activities.

Proposed Rule

16 NCAC 06E. 0205 – Concussion Safety Requirements for Interscholastic Athletic Competition

16 NCAC 06E. 0205 – Concussion Safety Requirements for Interscholastic Athletic Competition is proposed for adoption to implement the Gfeller-Waller Concussion Awareness Act, which mandates a series of requirements to enhance the safety of students and student athletes regarding concussions.

Proposed Rule

16 NCAC 06E .0206 – Athletic Trainers

16 NCAC 006E .0206 – Athletics Trainers is proposed for adoption to implement statutory requirements that the State Board of Education adopt rules regarding  athletic trainers activities.

Proposed Rule

16 NCAC 06G .0314 – Alternative Schools' Accountability Models

16 NCAC 06G .0314 – Alternative Schools' Accountability Models is proposed for adoption so that alternative schools have a State Board of Education approved accountability model, as well as the requirement to participate in the ESSA model. This proposed rule requires for alternative schools to participate in the State's accountability model and meet federal requirements.

Proposed Rule

Federal Certification

16 NCAC 06G .0315 – Accountability Annual Performance Standards

16 NCAC 06G .0315 – Accountability Annual Performance Standards is proposed for adoption in order to implement the state and federal requirements for the accountability model.

Proposed Rule

Federal Certification

16 NCAC 06G .0316 – Purpose and Composition of SBE's Compliance Commission for Accountability

16 NCAC 06G .0316 – Purpose and Composition of SBE's Compliance Commission for Accountability is proposed for adoption. The primary function of the Commission is to hear field test appeals and make recommendations to the State Board of Education.

Proposed Rule

Federal Certification

16 NCAC 06G .0503 – Charter School Accountability Requirements

16 NCAC 06G .0503 – Charter School Accountability Requirements is proposed for adoption. The proposed rule is necessary for the State Board of Education to implement statutory requirements to issue school achievement, growth, and performance scores and an associated performance grade for all public schools, including public charter schools.

Proposed Rule

16 NCAC 06G .0504 – Charter Schools Student Admissions

16 NCAC 06G .0504 – Charter Schools Student Admissions is proposed for adoption. The proposed rule is necessary to implement statutory requirements and to set forth the admissions procedures public charter schools must abide by.

Proposed Rule

16 NCAC 06G .0505 – Charter Schools Financial Noncompliance – Impact of Financial Noncompliance

16 NCAC 06G .0505 – Charter Schools Financial Noncompliance -- Impact of Financial Noncompliance is proposed for adoption. The proposed rule is necessary to implement statutory requirements and it outlines the three stages of financial noncompliance under that a charter school may be placed. The proposed rule specifies the financial conditions which may lead to noncompliance and the resulting consequences of each stage of noncompliance.

Proposed Rule

16 NCAC 06G .0506 – Charter Schools Governance Noncompliance

16 NCAC 06G .0506 – Charter Schools Governance Noncompliance is proposed for adoption. The proposed rule is necessary to implement statutory requirements and it outlines the three stages of governance noncompliance under which a charter school may be placed. The proposed rule specifies the governance conditions which may lead to noncompliance and the resulting consequences of each stage of noncompliance.

Proposed Rule

16 NCAC 06G .0507 –  Charter School Renewal Process

16 NCAC 06G .0507 – Charter School Renewal Process is proposed for adoption. The proposed rule is necessary to implement statutory requirements. The State Board of Education must review the operation of each charter school prior to the expiration of its charter and determine renewal terms. The proposed rule specifies a process for exercising the renewal option.

Proposed Rule

16 NCAC 06G .0508 – Charter School Application and Review Process

16 NCAC 06G .0508 – Charter School Application and Review Process is proposed for adoption. The proposed rule is necessary to implement statutory requirements. Statute dictates that the NC Charter Schools Advisory Board make recommendations to the State Board of Education on the criteria for acceptance and approval of charter applications. The proposed rule outlines the application and review process that must occur annually for any nonprofit corporation seeking to establish a charter school.

Proposed Rule

16 NCAC 06G .0509 – Planning Year for New Preliminary Charter Schools

16 NCAC 06G .0509 – Planning Year for New Preliminary Charter School is proposed for adoption. The proposed rule is necessary to implement statutory requirements. Statute allows the State Board of Education to make charter school application approval contingent upon the successful completion of a planning period prior to enrollment of students. The proposed rule outlines the planning year required for new charter schools and requirements during an accelerated planning year.

Proposed Rule

16 NCAC 06G .0510 – Charter Amendments for Existing Public Charter Schools – Approval Process

16 NCAC 06G .0510 – Charter Amendments for Existing Public Charter Schools – Approval Process is proposed for adoption. Statute dictates that material revisions of a charter shall be made only upon the approval of the State Board of Education. The proposed rule specifies the particular charter amendments that only the State Board of Education may approve and the proposed amendments that may be approved by the Department of Public Instruction without submission to the State Board of Education.

Proposed Rule

16 NCAC 06G .0511 – Charter Amendments for Existing Public Charter Schools – Required Documentation

16 NCAC 06G .0511 – Charter Amendments for Existing Public Charter Schools – Required Documentation is proposed for adoption. Statute dictates that material revisions of a charter shall be made only upon the approval of the State Board of Education. The proposed rule specifies the required documentation needed to process amendment requests.

Proposed Rule

16 NCAC 06G .0512 – Fast Track Replication of High Quality Charter Schools – Purpose and Definitions

16 NCAC 06G .0512  – Fast Track Replication of High Quality Charter Schools – Purpose and Definitions is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt a process and rules for fast-track replication of high-quality charter schools currently operating in the State. The proposed rule provides the purpose and definitions relevant to the fast-track replication of high-quality charter schools.

Proposed Rule

16 NCAC 06G .0513 – Fast Track Replication of High Quality Charter Schools – Eligibility

16 NCAC 06G .0513 – Fast Track Replication of High Quality Charter Schools – Eligibility is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt a process and rules for fast-track replication of high-quality charter schools currently operating in the State. The proposed rule outlines the eligibility requirements for fast-track replication applicants.

Proposed Rule

16 NCAC 06G .0514 – Fast Track Replication of High Quality Charter Schools – General Requirements

16 NCAC 06G .0514 – Fast Track Replication of High Quality Charter Schools – General Requirements is proposed for adoption. The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt a process and rules for fast-track replication of high-quality charter schools currently operating in the State. The proposed rule outlines factors the State Board of Education may consider in determining whether to grant a fast-track replication request.

Proposed Rule

16 NCAC 06G .0515 – Fast Track Replication of High Quality Charter Schools - Accountability

16 NCAC 06G .0515 – Fast Track Replication of High Quality Charter Schools – Accountability is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt a process and rules for fast-track replication of high-quality charter schools currently operating in the State.  The proposed rule provides accountability for schools under the fast-track replication system.

Proposed Rule

16 NCAC 06G .0516 – Virtual Charter Schools Attendance and Membership – Applicability

16 NCAC 06G .0516 – Virtual Charter Schools Attendance and Membership – Applicability is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. The proposed rule includes reporting requirements for virtual charter schools.

Proposed Rule

16 NCAC 06G .0517 – Alternative Charter School Designation Policy – Purpose and Applicability

16 NCAC 06G .0517 – Alternative Charter School Designation Policy – Purpose and Applicability is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt standards for alternative learning programs, provide technical assistance, and evaluate programs.

Proposed Rule

16 NCAC 06G .0518 – Alternative Charter School Designation Policy - Eligibility

16 NCAC 06G .0518 – Alternative Charter School Designation Policy – Eligibility is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt standards for alternative learning programs, provide technical assistance, and evaluate programs. The proposed rule outlines eligibility requirements for designation as an alternative charter school.

Proposed Rule

16 NCAC 06G .0519 – Alternative Charter School Designation Policy - Application

16 NCAC 06G .0519 – Alternative Charter School Designation Policy – Application is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt standards for alternative learning programs, provide technical assistance, and evaluate programs. The proposed rule outlines application requirements for those charter schools seeking alternative school designation.

Proposed Rule

16 NCAC 06G .0520 – Alternative Charter School Designation Policy – Application Approval

16 NCAC 06G .0520 – Alternative Charter School Designation Policy – Application Approval is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt standards for alternative learning programs, provide technical assistance, and evaluate programs. The proposed rule outlines application approval requirements for those charter schools seeking alternative school designation.

Proposed Rule

16 NCAC 06G .0521 – Alternative Charter School Designation Policy – Review and Renewal of Designation

16 NCAC 06G .0521 – Alternative Charter School Designation Policy – Review and Renewal of Designation is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt standards for alternative learning programs, provide technical assistance, and evaluate programs. The proposed rule outlines the review and renewal of alternative school designation.

Proposed Rule

16 NCAC 06G .0522 – Alternative Charter School Designation Policy – Termination of Designation

16 NCAC 06G .0522 – Alternative Charter School Designation Policy – Termination of Designation is proposed for adoption.  The proposed rule is necessary to implement statutory requirements. Statute requires the State Board of Education to adopt standards for alternative learning programs, provide technical assistance, and evaluate programs. The proposed rule specifies the process for termination of alternative school designation.

Proposed Rule

16 NCAC 06G .0523 – Management Organizations and Support Organizations

16 NCAC 06G .0523 – Management Organizations and Support Organizations is proposed for adoption.  Statute outlines the powers and duties of the NC Charter Schools Advisory Board and the NC Office of Charter Schools. The proposed rule provides guidance and clarity related to Management and Support Organizations so that the NC Charter Schools Advisory Board and the NC Office of Charter Schools can fulfill their duties to the State Board of Education.

Proposed Rule

16  NCAC 06G .0524 – Charter Schools Process for Assumption of Inadequately Performing Charter Schools

16 NCAC 06G .0524 – Charter Schools Process for Assumption of Inadequately Performing Charter Schools is proposed for adoption to describe the factors by which a low performing charter school may avoid termination or nonrenewal of the charter by allowing a different non-profit entity to assume the charter.

Proposed Rule


16 NCAC 06H .0113 Nutrition Standards for Elementary Schools

16 NCAC 06H .0113 – Nutrition Standards for Elementary Schools is proposed for adoption to implement federal regulations (7 CFR 210.10) established under the Healthy, Hunger-Free Kids Act of 2010, in particular the requirement for local school nutrition Programs to submit a nutrient analysis on their October and March menus.

Proposed Rule

Federal Certification

16 NCAC 06H .0115 – Dispute Resolution Process for Homeless Students – LEA Dispute Resolution Process

16 NCAC 06H .0115 – Dispute Resolution Process for Homeless Students – LEA Dispute Resolution Process is proposed to implement the federal McKinney-Vento Act that State educational agencies develop a dispute resolution policy as part of the State Plan, which must provide definitions relevant to the process and a description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths” [42 U.S.C. § 11432(g)(1)(C]. The law also requires local homeless liaisons to ensure that disputes are mediated in accordance with the State’s dispute procedures [42 U.S.C. § 11432(g)(6)(A)(vii)].”

Proposed Rule

Federal Certification

16 NCAC 06H .0116 – Dispute Resolution Process for Homeless Students – State Appeal Process

16 NCAC 06H .0116 – Dispute Resolution Process for Homeless Students – State Appeal Process is proposed to implement the federal McKinney-Vento Act that requires State educational agencies develop a dispute resolution policy as part of the State Plan, which must provide definitions relevant to the process and a description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths” [42 U.S.C. § 11432(g)(1)(C]. The law also requires local homeless liaisons to ensure that disputes are mediated in accordance with the State’s dispute procedures [42 U.S.C. § 11432(g)(6)(A)(vii)].”

Proposed Rule

Federal Certification

16 NCAC 06H .0117 -- Operations of Federal Programs

16 NCAC 06H. 0117 -- Operations of Federal Programs Establishes that NCDPI will be guaranteed to administer all federal programs in accordance with applicable federal regulations all federal education programs as they are authorized by Congress and accepted by the SBE.

Proposed Rule

Federal Certification

16 NCAC 06K .0101 – School Security

16 NCAC 06K .0101 – School Security is proposed for adoption to require the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf and the Governor Morehead School to develop and implement policies regarding campus security.

Proposed Rule

16 NCAC 06K .0103 – Standard Course of Study (SCOS)

16 NCAC 06K .0103 – NC STANDARD COURSE OF STUDY, OCCUPATIONAL COURSE AND EXTENDED CONTENT STANDARDS is proposed for adoption to require the Education Services for the Deaf and Blind to follow the requirements of the NC Standard Course of Study, Occupational Course of Study, and Extended Content Standards.

Proposed Rule

16 NCAC 06K .0104 – Placement procedures

16 NCAC 06K .0104 – PLACEMENT PROCEDURES is proposed for adoption to implement statutory requirements regarding admission and placement criteria for students with visual and hearing impairments, and to establish the requirements for school representatives to make placement recommendations and to supervise the provision of specially designed instruction to meet student needs.

Proposed Rule

16 NCAC 06K .0105 Weapons on School Property

16 NCAC 06K .0105 – is proposed for adoption to implement statutory requirements prohibiting weapons on Education Services for the Deaf and Blind schools and places of employment within ESDB.

 Proposed Rule

 

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