GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 1114*

Short Title:  Professional Teaching Standards Commission.	(Public)
─────────────────────────────────────── 
Sponsors: Senators Lucas, Dannelly, Hartsell, Hobbs, Perdue, Plexico, Winner; Gulley and Kerr.
─────────────────────────────────────── 
Referred to:  Education/Higher Education.
─────────────────────────────────────── 

May 14, 1996

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT THE RECOMMENDATION OF THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO CHANGE THE COMPOSITION OF THE PROFESSIONAL TEACHING STANDARDS COMMISSION SO THAT TEACHERS HAVE A MAJORITY, TO EXPAND THE AUTHORITY OF THE PROFESSIONAL TEACHING STANDARDS COMMISSION, AND TO ESTABLISH A PROFESSIONAL PRACTICES BOARD.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-295.1 reads as rewritten:
"§ 115C-295.1.  North Carolina Professional Teaching Standards Commission.
(a)	There is created the North Carolina Professional Teaching Standards Commission (the 'Commission').  The Commission shall be located administratively under the State Board of Education but shall exercise its powers and duties independently of the State Board of Education.
(b)	The purpose of the Commission is to establish high standards for North Carolina teachers and the teaching profession.
(c)	Beginning September 1, 1996, the Commission shall consist of the following 
											15 members:
(1)	The Governor shall appoint four teachers, one of whom is a representative of the North Carolina Association of Educators, one of whom is a representative of the North Carolina Federation of Teachers, one of whom is a representative of the Professional Educators of North Carolina, and one of whom teaches in an elementary school; one principal or superintendent; and two representatives of schools of education, one of which is in a constituent institution of The University of North Carolina and one of which is in a private college or university.
(2)	The President Pro Tempore of the Senate shall appoint three teachers who have different areas of expertise or who teach at different grade levels; and one at-large member.
(3)	The Speaker of the House of Representatives shall appoint three teachers who have different areas of expertise or who teach at different grade levels; and one at-large member.
  	In making appointments, the appointing authorities are encouraged to select qualified citizens who are committed to improving the teaching profession and student achievement and who represent the racial, geographic, and gender diversity of the State.  Before their appointment to this Commission, with the exception of the at-large members, the members must have been actively engaged in the profession of teaching, in the education of students in teacher education programs, or in the practice of public school administration for at least three years, at least two of which occurred in this State.  The members shall serve for two-year terms.  Initial terms shall begin September 1, 1994. Vacancies in the membership shall be filled by the original appointing authority using the same criteria as provided in this subsection.
(d)	The Commission shall elect a chair, a vice-chair, and a secretary-treasurer from among its membership. In the absence of the chair, the vice-chair shall preside over the Commission's meetings.  All members are voting members, and a majority of the Commission constitutes a quorum.  The Commission shall adopt rules to govern its proceedings.
(e)	Meetings of the Commission shall be held upon the call of the chair or the vice-chair with the approval of the chair.
(f)	Members of the Commission shall receive compensation for their services and reimbursement for expenses incurred in the performance of their duties required by this Article, at the rate prescribed in G.S. 90B-5.
(g)	The Commission may employ, subject to Chapter 126 of the General Statutes, the necessary personnel for the performance of its functions, and fix compensation within the limits of funds available to the Commission."
Sec. 2.  Article 20 of Chapter 115C of the General Statutes is amended by adding the following new sections to read:
"§ 115C-295.2.  Powers and duties of the Commission.
(a)	The North Carolina Teaching Standards Commission shall:
(1)	Develop and recommend to the State Board of Education professional standards or revisions to professional standards for North Carolina teachers.
(2)	Review the areas of teacher certification and recommend to the State Board of Education those areas that should be consolidated, redesigned, eliminated, or enhanced.
(3)	Consider current methods to assess teachers and teaching candidates, including the National Teacher Exam, the assessments of the National Board for Professional Teaching Standards, and alternative methods of assessment and recommend to the State Board of Education the implementation of rigorous and appropriate assessments for initial and continuing certification that are valid and reliable measures of professional practice.
(4)	Evaluate, develop, and recommend to the State Board a procedure for the assessment and recommendation of candidates for initial and continuing teacher certification.
In addition, the Commission may review all current programs related to initial and continuing certification requirements and to certification renewal and may recommend to the State Board of Education those programs that should be eliminated or changed.
For purposes of this subsection, the areas of teacher certification include approval of teacher education programs, initial and continuing certification requirements, and certification renewal.
(b)	The Commission shall submit its recommendations under subsection (a) of this section to the State Board.  The State Board shall adopt or reject the recommendations.  The State Board shall not make any substantive changes to any recommendation that it adopts.  If the State Board rejects the recommendation, it shall state with specificity its reasons for rejection; the Commission then may amend that recommendation and resubmit it to the State Board.  The Board shall adopt or reject the amended recommendation.   If the State Board fails to adopt the Commission's original and amended recommendation concerning the implementation of assessments for certification and the procedure for the assessment and recommendation of candidates for teacher certification, the State Board may develop and adopt its own plan.
Notwithstanding G.S. 115C-284(c), G.S. 115C-296, and G.S. 115C-315(d), the General Assembly urges the State Board to follow the Commission's recommendations to the maximum extent they are consistent with the State Board's policies.
(c)	The Commission shall submit an annual report by December 1 of each year to the Joint Legislative Education Oversight Committee of its activities during the preceding year, together with any recommendations and findings regarding improvement of the teaching profession.  The State Board shall submit a report by April 15, 1998, to the Joint Legislative Education Oversight Committee on the current status of assessments for certification and any changes to the procedures for assessment and recommendation of candidates for teacher certification.
"§ 115C-295.3.  Professional Practices Board.
That State Board of Education shall establish a Professional Practices Board composed of teachers, school administrators, and representatives of the general public.   The Professional Practices Board shall:
(1)	Develop a code of ethics for the teaching profession and develop procedures to investigate violations of the code.
(2)	Investigate complaints concerning violations of the code of ethics.
(3)	Make recommendations to the State Board of Education concerning the revocation and suspension of teacher certificates as the result of an ethics violation.
The Professional Practices Board shall recommend the code of ethics and the investigation procedures that it develops to the State Board of Education for its approval.  The State Board of Education is the final authority in all decisions under this section, except as provided in the procedures concerning the due process rights of any person subject to an investigation under this section.  The State Board of Education shall adopt rules necessary to implement this section."
Sec. 3.  This act is effective upon ratification.