State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-296_2

§ 115C‑296.2. (Effective until July 1, 2010) National Board for Professional TeachingStandards Certification.

(a)        State Policy. – Itis the goal of the State to provide opportunities and incentives for goodteachers to become excellent teachers and to retain them in the teachingprofession; to attain this goal, the State shall support the efforts ofteachers to achieve national certification by providing approved paid leavetime for teachers participating in the process, paying the participation fee,and paying a significant salary differential to teachers who attain nationalcertification from the National Board for Professional Teaching Standards(NBPTS).

The National Board forProfessional Teaching Standards (NBPTS) was established in 1987 as an independent,nonprofit organization to establish high standards for teachers' knowledge andperformance and for development and operation of a national voluntary system toassess and certify teachers who meet those standards. Participation in theprogram gives teachers the time and the opportunity to analyze in a systematicway their professional development as teachers, successful teaching strategies,and the substantive areas in which they teach. Participation also givesteachers an opportunity to demonstrate superior ability and to be compensatedas superior teachers. To receive NBPTS certification, a teacher mustsuccessfully (i) complete a process of developing a portfolio of student workand videotapes of teaching and learning activities and (ii) participate inNBPTS assessment center simulation exercises, including performance‑basedactivities and a content knowledge examination.

(b)        Definitions. – Asused in this subsection:

(1)        A "NorthCarolina public school" is a school operated by a local board of education,the Department of Health and Human Services, the Department of Correction, theDepartment of Juvenile Justice and Delinquency Prevention or The University ofNorth Carolina; a school affiliated with The University of North Carolina; or acharter school approved by the State Board of Education.

(2)        A"teacher" is a person who:

a.         Either:

1.         Is certified toteach in North Carolina; or

2.         Holds a certificateor license issued by the State Board of Education that meets the professionallicense requirement for NBPTS certification;

b.         Is a State‑paidemployee of a North Carolina public school;

c.         Is paid on theteacher salary schedule; and

d.         Fulfills one of thefollowing:

1.         Spends at leastseventy percent (70%) of his or her work time in classroom instruction, if theemployee is employed as a teacher. Most of the teacher's remaining time shallbe spent in one or more of the following: mentoring teachers, doingdemonstration lessons for teachers, writing curricula, developing and leadingstaff development programs for teachers;

2.         Spends at leastseventy percent (70%) of his or her work time in work within the employee'sarea of certification or licensure, if the employee is employed in an area ofNBPTS certification other than direct classroom instruction; or

3.         Serves as a full‑timementor under subsection (e1) of this section.

(c)        Payment of theNBPTS Participation Fee; Paid Leave. – The State shall pay the NBPTSparticipation fee and shall provide up to three days of approved paid leave toall teachers participating in the NBPTS program who:

(1)        Have completed threefull years of teaching in a North Carolina public school; and

(2)        Have (i) notpreviously received State funds for participating in any certification area inthe NBPTS program, (ii) repaid any State funds previously received for theNBPTS certification process, or (iii) received a waiver of repayment from theState Board of Education.

Teachers participating in theprogram shall take paid leave only with the approval of their supervisors.

(d)        Repayment by aTeacher Who Does Not Complete the Process. – A teacher for whom the State paysthe participation fee who does not complete the process shall repay thecertification fee to the State.

Repayment is not required if ateacher does not complete the process due to the death or disability of theteacher. Upon the application of the teacher, the State Board of Education maywaive the repayment requirement if the State Board finds that the teacher wasunable to complete the process due to the illness of the teacher, the death orcatastrophic illness of a member of the teacher's immediate family, parentalleave to care for a newborn or newly adopted child, or other extraordinarycircumstances.

(e)        Repayment by aTeacher Who Does Not Teach for a Year After Completing the Process. – A teacherfor whom the State pays the participation fee who does not teach for a year ina North Carolina public school after completing the process shall repay thecertification fee to the State.

Repayment is not required if ateacher does not teach in a North Carolina public school for at least one yearafter completing the process due to the death or disability of the teacher.Upon the application of the teacher, the State Board of Education may extendthe time before which a teacher must either teach for a year or repay theparticipation fee if the State Board finds that the teacher is unable to teachthe next year due to the illness of the teacher, the death or catastrophicillness of a member of the teacher's immediate family, parental leave to carefor a newborn or newly adopted child, or other extraordinary circumstances.

(e1)      Assignment ofTeachers With NBPTS Certification to Serve as Full‑Time Mentors. – Alocal board of education may assign teachers with NBPTS certification to serveas full‑time mentors as follows:

(1)        The maximum numberof teachers with NBPTS certification that a local board of education may assignto serve as full‑time mentors is the greater of (i) five or (ii) fivepercent (5%) of the number of teachers with NBPTS certification it has employedduring the school year immediately preceding the assignment of teachers as full‑timementors.

(2)        A teacher must teachin a classroom for at least two years after receiving NBPTS certification to beeligible for assignment as a full‑time mentor.

(3)        A teacher must havecompleted the mentor training required by the teacher's local schooladministrative unit to be eligible for assignment as a full‑time mentor.

(4)        A teacher may serveas a full‑time mentor for up to three consecutive years.

(5)        After service as afull‑time mentor, a teacher must teach in a classroom for at least threeyears to be eligible for reassignment as a full‑time mentor.

(6)        A teacher serving asa full‑time mentor shall be school‑based, work at one or moreschools, and mentor each year at least 15 newly hired teachers who are in theirfirst through third year of teaching.

(f)         Rules. – The StateBoard shall adopt policies and guidelines to implement this section.  (2000‑67, s. 8.16;2000‑137, s. 3; 2008‑86, s. 1.)

§ 115C‑296.2. (Effective July 1, 2010) National Board for Professional Teaching StandardsCertification.

(a)        State Policy. – Itis the goal of the State to provide opportunities and incentives for goodteachers to become excellent teachers and to retain them in the teachingprofession; to attain this goal, the State shall support the efforts ofteachers to achieve national certification by providing approved paid leavetime for teachers participating in the process, lending teachers the participationfee, and paying a significant salary differential to teachers who attainnational certification from the National Board for Professional TeachingStandards (NBPTS).

The National Board forProfessional Teaching Standards (NBPTS) was established in 1987 as anindependent, nonprofit organization to establish high standards for teachers'knowledge and performance and for development and operation of a nationalvoluntary system to assess and certify teachers who meet those standards.Participation in the program gives teachers the time and the opportunity toanalyze in a systematic way their professional development as teachers,successful teaching strategies, and the substantive areas in which they teach.Participation also gives teachers an opportunity to demonstrate superiorability and to be compensated as superior teachers. To receive NBPTScertification, a teacher must successfully (i) complete a process of developinga portfolio of student work and videotapes of teaching and learning activities and(ii) participate in NBPTS assessment center simulation exercises, includingperformance‑based activities and a content knowledge examination.

(b)        Definitions. – Asused in this subsection:

(1)        A "NorthCarolina public school" is a school operated by a local board ofeducation, the Department of Health and Human Services, the Department ofCorrection, the Department of Juvenile Justice and Delinquency Prevention orThe University of North Carolina; a school affiliated with The University ofNorth Carolina; or a charter school approved by the State Board of Education.

(2)        A"teacher" is a person who:

a.         Either:

1.         Is certified toteach in North Carolina; or

2.         Holds a certificateor license issued by the State Board of Education that meets the professional licenserequirement for NBPTS certification;

b.         Is a State‑paidemployee of a North Carolina public school;

c.         Is paid on theteacher salary schedule; and

d.         (Effective untilJune 30, 2011) Fulfills one of the following:

1.         Spends at leastseventy percent (70%) of his or her work time in classroom instruction, if theemployee is employed as a teacher. Most of the teacher's remaining time shallbe spent in one or more of the following: mentoring teachers, doingdemonstration lessons for teachers, writing curricula, developing and leadingstaff development programs for teachers;

2.         Spends at leastseventy percent (70%) of his or her work time in work within the employee'sarea of certification or licensure, if the employee is employed in an area ofNBPTS certification other than direct classroom instruction; or

3.         Serves as a full‑timementor under subsection (e1) of this section.

d.         (Effective June30, 2011) Spends at least seventy percent (70%) of his or her work time:

1.         In classroominstruction, if the employee is employed as a teacher. Most of the teacher'sremaining time shall be spent in one or more of the following: mentoringteachers, doing demonstration lessons for teachers, writing curricula,developing and leading staff development programs for teachers; or

2.         In work within theemployee's area of certification or licensure, if the employee is employed inan area of NBPTS certification other than direct classroom instruction.

(c)        Payment of theNBPTS Participation Fee; Paid Leave. – The State shall lend teachers theparticipation fee and shall provide up to three days of approved paid leave toall teachers participating in the NBPTS program who:

(1)        Have completed threefull years of teaching in a North Carolina public school; and

(2)        Have (i) not previouslyreceived State funds for participating in any certification area in the NBPTSprogram, (ii) repaid any State funds previously received for the NBPTScertification process, or (iii) received a waiver of repayment from the StateBoard of Education.

Teachers participating in theprogram shall take paid leave only with the approval of their supervisors.

(d)        Repealed by SessionLaws 2009‑451, s. 7.30(b), effective July 1, 2010, and applicablebeginning with the 2010‑2011 school year.

(d1)      Repayment of the ApplicationFee. – A teacher shall repay the application fee to the State EducationAssistance Authority within three years.

All funds appropriated to, orotherwise received by, the Authority to provide loans to teachers pursuant tothis section, all funds received as repayment of loans, and all interest earnedon these funds shall be placed in a trust fund. This fund shall be used onlyfor loans made pursuant to this section and administrative costs of theAuthority.

(e)        Repealed by SessionLaws 2009‑451, s. 7.30(b), effective July 1, 2010, and applicablebeginning with the 2010‑2011 school year.

(e1)      (Repealedeffective June 30, 2011) Assignment of Teachers With NBPTS Certification toServe as Full‑Time Mentors. – A local board of education may assign teacherswith NBPTS certification to serve as full‑time mentors as follows:

(1)        The maximum numberof teachers with NBPTS certification that a local board of education may assignto serve as full‑time mentors is the greater of (i) five or (ii) fivepercent (5%) of the number of teachers with NBPTS certification it has employedduring the school year immediately preceding the assignment of teachers as full‑timementors.

(2)        A teacher must teachin a classroom for at least two years after receiving NBPTS certification to beeligible for assignment as a full‑time mentor.

(3)        A teacher must havecompleted the mentor training required by the teacher's local schooladministrative unit to be eligible for assignment as a full‑time mentor.

(4)        A teacher may serveas a full‑time mentor for up to three consecutive years.

(5)        After service as afull‑time mentor, a teacher must teach in a classroom for at least threeyears to be eligible for reassignment as a full‑time mentor.

(6)        A teacher serving asa full‑time mentor shall be school‑based, work at one or moreschools, and mentor each year at least 15 newly hired teachers who are in theirfirst through third year of teaching.

(f)         Rules. – The StateEducation Assistance Authority shall adopt rules and guidelines regarding theloan and repayment of the NBPTS application fee. The State Board shall adoptpolicies and guidelines to implement the remainder of this section.  (2000‑67, s. 8.16;2000‑137, s. 3; 2008‑86, s. 1; 2009‑451, ss. 7.30(b),7.41(a); 2009‑575, s. 3H.)