A BILL TO BE ENTITLED
AN ACT TO enhance the ability of the state board of education to safeguard schoolchildren through a coordinated program of professional ethics and discipline that includes THE AUTOMATIC REVOCATION OF TEACHER CERTIFICATES UPON CONVICTION OF CERTAIN CRIMES, THE use OF HEARSAY TESTIMONY IN ADMINISTRATIVE HEARINGS TO REVOKE TEACHER CERTIFICATES, and the use of investigative services as needed.
Whereas, although the vast majority of the State's certificated educators conduct themselves professionally and devote themselves to the education and welfare of the children who are entrusted to their care, within the last 12 years the State Board of Education has experienced nearly a four thousand percent (4,000%) increase in the number of allegations of educator misconduct that it has received, from 7 in 1991 to 271 in 2002; and
Whereas, many of these allegations involve improper sexual conduct between the educator and one or more students; and
Whereas, this trend is indicative of similar occurrences in other states as well as in other professions; and
Whereas, many of these allegations require a more thorough investigation of the facts than the Board is currently equipped to conduct; and
Whereas, the Board has in some cases been challenged in its effort to revoke a license based upon admitted sexual activity with a student or upon a criminal conviction such as taking indecent liberties with a child; and
Whereas, some criminal convictions in and of themselves indicate that the defendant should forfeit his or her ability to hold a certificate; and
Whereas, professional educators hold a crucial position of trust with respect to the children they educate; and
Whereas, the Board is committed to providing all students with safe, orderly, and caring schools that are staffed by professional personnel who act consistently for the best interests of those students; and
Whereas, if all children are to have the opportunity to learn and develop into healthy, productive adults as envisioned by the ABCs of Public Education and by the No Child Left Behind Act of 2001, the State must take every reasonable step to provide our children with professional educators who serve as positive role models as indicated in Faulkner v. New Bern‑Craven County Board of Education, 65 N.C. App. 483 (1984); Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑296 reads as rewritten:
"§ 115C‑296.  Board sets certification requirements.
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(a2)	The State Board of Education shall impose the following schedule of fees for teacher certification and administrative changes:
(1)	Application for demographic or administrative changes to a certificate, $35.00.
(2)	Application for a duplicate certificate or for copies of documents in the certification files,  $35.00.
(3)	Application for a renewal, extension, addition, upgrade, and variation to a certificate, $60.00.
(4)	Initial application for New, In‑State Approved Program Graduate, $60.00.
(5)	Initial application for out‑of‑State certificate, $90.00.
(6)	All other applications, $90.00.
The applicant must pay the fee at the time the application is submitted.
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(d)	The State Board shall adopt rules to establish the reasons and procedures for the suspension and revocation of certificates. The State Board shall revoke the certificate of a teacher or school administrator if the State Board receives notification from a local board or the Secretary of Health and Human Services that a teacher or school administrator has received an unsatisfactory or below standard rating under G.S. 115C‑333(d). The State Board shall automatically revoke the certificate of a teacher or school administrator without the right to notice and a hearing upon receiving a certified copy of a criminal record showing that the teacher or school administrator has entered a plea of guilty or nolo contendere to or has been convicted of any of the following crimes: Murder in the first or second degree, G.S. 14-17; Conspiracy or solicitation to commit murder, G.S. 14-18.1; Rape or sexual offense as defined in Article 7A of Chapter 14 of the General Statutes. Felonious assault with deadly weapon with intent to kill or inflicting serious injury, G.S. 14-32; any misdemeanor assault under G.S. 14-33 where the victim is a minor; Kidnapping, G.S. 14-39; Abduction of children, G.S. 14-41; Crime against nature, G.S. 14-177; Incest, G.S. 14-178 or G.S. 14-179; Employing or permitting minor to assist in offense against public morality and decency, G.S. 14-190.6; Dissemination to minors under the age of 16 years, G.S. 14-190.7; Dissemination to minors under the age of 13 years, G.S. 14-190.8; Displaying material harmful to minors, G.S. 14-190.14; Disseminating harmful material to minors, G.S. 14-190.15; First degree sexual exploitation of a minor, G.S. 14-190.16; Second degree sexual exploitation of a minor, G.S. 14-190.17; Third degree sexual exploitation of a minor, G.S. 14-190.17A; Promoting prostitution of a minor, G.S. 14-190.18; Participating in prostitution of a minor, G.S. 14-190.19; Taking indecent liberties with children, G.S. 14-202.1; Solicitation of child by computer to commit an unlawful sex act, G.S. 14‑202.3; Taking indecent liberties with a student, G.S. 14-202.4; Prostitution, G.S. 14‑204; and child abuse under either G.S. 14-318.2 or G.S. 14-318.4. In addition, the State Board may revoke or refuse to renew a teacher's certificate when:
(1)	The Board identifies the school in which the teacher is employed as low‑performing under G.S. 115C‑105.37 or G.S. 143B‑146.5; and
(2)	The assistance team assigned to that school makes the recommendation to revoke or refuse to renew the teacher's certificate for one or more reasons established by the State Board in its rules for certificate suspension or revocation.
The State Board may issue subpoenas for the purpose of obtaining documents or the testimony of witnesses in connection with proceedings to suspend or revoke certificates. In addition, the Board shall have the authority to contract with individuals who are qualified to conduct investigations in order to obtain all information needed to assist the Board in the proper disposition of allegations of misconduct by certificated persons.
In any administrative hearing conducted under Article 3 of Chapter 150B of the General Statutes involving the revocation or proposed revocation of a teacher's or school administrator’s certificate, the parties may admit into evidence any hearsay testimony that the administrative law judge determines is relevant to the issues involved in the hearing.
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SECTION 2.  This act is effective when it becomes law.