North Carolina § 115C-270 - 15. Examination requirements.

§ 115C-270. 15. Examination requirements.

Examination Score Requirements. - The State Board of Education shall require an applicant for an initial professional license (IPL) or a residency license (RL) to demonstrate the applicant's academic and professional preparation by achieving a prescribed minimum score on a standard examination appropriate and adequate for that purpose. Elementary education (K-6) and special education general curriculum teachers shall also achieve a prescribed minimum score on subtests or standard examinations specific to teaching reading and mathematics. Establishment of Minimum Scores. - The State Board shall adopt rules that establish the minimum scores for any required standard examinations and other measures necessary to assess the qualifications of professional educators as required under this section. For purposes of this section, the State Board shall not be subject to Article 2A of Chapter 150B of the General Statutes. At least 30 days prior to changing any rule adopted under this section, the State Board shall provide written notice to all recognized educator preparation programs and to all local boards of education. The written notice shall include the proposed revised rule. The State Board of Education shall make any required standard examination rigorous and raise the prescribed minimum score as necessary to ensure that each applicant has received high-quality academic and professional preparation to teach effectively. Time Line for Completion of Examinations. - The State Board of Education shall permit an applicant to fulfill any such examination requirement before or during the third year of licensure, provided the applicant took the examination at least once during the first year of licensure. Monitoring Compliance. - The State Board shall direct the Department of Public Instruction to monitor teachers' compliance with this section. In the event a teacher is not in compliance with any of the requirements of this section, the Department shall notify the teacher. Conversion to Continuing Professional License. - The State Board shall not convert an IPL or RL to a continuing professional license for a teacher who has not fulfilled the examination requirements of this section. History (2017-189, s. 3(c); 2019-71, s. 1.1; 2019-212, s. 8(a).) Editor's Note. - Session Laws 2017-189, s. 7(a) made this section effective July 27, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2019-71, s. 1.2, as amended by Session Laws 2019-212, s. 8(d), provides: "Effective June 30, 2019, elementary education (K-6) or special education general curriculum teachers with an initial professional license, lateral entry license, or residency license that is set to expire June 30, 2019, due to the failure to fulfill the licensure examination requirements pursuant to G.S. 115C-270.15 , shall be granted an extension until June 30, 2020." Session Laws 2019-71, s. 1.3, as amended by Session Laws 2019-212, s. 8(e), provides: "G.S. 115C-270.15(c), as amended by this act, shall apply to individuals holding an initial professional license on or after the effective date of this act. The State Board shall comply with G.S. 115C-270.15(d) , as enacted by this act, beginning with applicants for teacher licensure on or after July 1, 2019." Session Laws 2019-71, s. 5, provides: "As soon as practicable, and no more than 10 calendar days from the effective date of this act, the State Board of Education shall adopt emergency rules for the implementation of this act in accordance with G.S. 150B-21.1 A. This section does not require any rule making if not otherwise required by law." Session Laws 2019-71, s. 6, as amended by 2019-212, s. 8(f), made the amendment to this section by Session Laws 2019-71, s. 1.1, effective July 1, 2019, and applicable beginning with the eighteenth day following the effective date of this act [July 1, 2019]. Session Laws 2019-212, s. 8(g), made the amendments to this section by Session Laws 2019-212, s. 8(a), applicable to individuals holding or seeking licensure on or after the effective date of this act [September 4, 2019]. Session Laws 2020-3, s. 2.1, as amended by Session Laws 2020-49, s. 3(a), provides: "For the purposes of this Part, the following definitions apply: "(1) Authority. - State Education Assistance Authority. "(2) Coronavirus disease 2019 (COVID-19) emergency. - The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19). "(3) Federal testing waiver. - The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019-2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C-174.11 , eliminated the collection of certain student assessment data for the 2019-2020 school year. "(4) Modified calendar school. - A school that a local board designated as having a modified calendar for the 2003-2004 school year or any school that was part of a planned program in the 2003-2004 school year for a system of modified calendar schools, so long as the school operates under a modified calendar. "(5) State Board. - The State Board of Education. "(6) Year-round school. - A school with a single or multi-track instructional calendar that was adopted prior to March 1, 2020, and provides instructional days in compliance with Section 2.11(b)(1) of this Part throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans: "a. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year. "b. A plan providing students be scheduled to attend an average of between 44 and 46 instructional days followed by an average of between 15 and 20 days of vacation, repeated throughout the school calendar year. "c. A plan dividing the school calendar year into five nine-week sessions of classes and requiring each student to attend four assigned and staggered sessions out of the five nine-week sessions to complete the student's instructional year." Session Laws 2020-3, s. 2.2, provides: "The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID-19 emergency, including, but not limited to, the federal testing waiver and the closure of schools for in-person instruction during the 2019-2020 school year." Session Laws 2020-3, s. 2.25(a), provides: "Extension for Licensure Requirements. - Notwithstanding G.S. 115C-270.15 , G.S. 115C-270.20 , and Section 1.2 of S.L. 2019-71, as amended by Section 8(d) of S.L. 2019-212, the State Board shall allow applicants for educator licensure additional time to meet the requirements under G.S. 115C-270.15 and G.S. 115C-270.20 as follows: "(1) An individual who is in the first year of licensure, including an initial professional license (IPL), lateral entry license, or residency license (RL), as of March 10, 2020, who has not taken the examination required by the State Board may take the examination during the individual's second year of licensure. "(2) An applicant for a continuing professional license (CPL) whose lateral entry license expires June 30, 2020, including a teacher granted an extension pursuant to Section 1.2 of S.L. 2019-71, as amended by Section 8(d) of S.L. 2019-212, who has not met the examination and coursework requirements established by the State Board as of March 10, 2020, shall be provided an extension until June 30, 2021. "(3) An applicant for a CPL whose IPL expires June 30, 2020, who has not met the examination requirement established by the State Board as of March 10, 2020, shall be provided an extension until June 30, 2021. "(4) An applicant for a CPL who is an elementary education (K-6) or special education general curriculum teacher with an IPL or RL who was granted an extension until June 30, 2020, pursuant to Section 1.2 of S.L. 2019-71, as amended by Section 8(d) of S.L. 2019-212, who has not met the examination requirement established by the State Board as of March 10, 2020, shall be provided an extension until June 30, 2021." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2019-71, s. 1.1, inserted "(IPL)" following "initial professional license" in subsection (a); rewrote subsection (c); and added subsections (d) and (e). For effective date and applicability, see editor's note. Session Laws 2019-212, s. 8(a), effective September 4, 2019, in subsection (a), inserted 'or a residency license (RL)'; in subsection (b), substituted 'examination' for 'initial professional licensure exam'; insubsection (c), substituted 'licensure' for 'the IPL' and 'the license'; rewrote subsection (d); and in subsection (e), inserted 'or RL.' For applicability, see editor's note.