North Carolina § 115C-302 - 1. Salary.

§ 115C-302. 1. Salary.

Prompt Payment. - Teachers shall be paid promptly when their salaries are due provided the legal requirements for their employment and service have been met. All teachers employed by any local school administrative unit who are to be paid from local funds shall be paid promptly as provided by law and as State-allotted teachers are paid. Salary Payments. - State-allotted teachers shall be paid for a term of 10 months. Except for career and technical education agriculture teacher personnel positions as provided for in this subsection, State-allotted months of employment for career and technical education to local boards shall be used for the employment of teachers of career and technical education for a term of employment to be determined by the local boards of education. Beginning with the 2018-2019 school year, career and technical education agriculture teacher personnel positions serving students in grades nine through 12 shall be for a term of employment for 12 calendar months. A local board of education may fund these positions using any combination of State funds, local funds, or any other funds available to the local board. The State Board of Education shall maintain the same policies related to masters pay for teachers that were in effect for the 2008-2009 fiscal year. Waiver of 12 Months of Employment for Career and Technical Education Agriculture Teacher Personnel. - Notwithstanding subsection (b) of this section, a local board of education may apply on an annual basis to the Department of Public Instruction and the North Carolina State University, Agricultural and Extension Education, for a waiver of the months of employment requirement for any upcoming school year when it is impracticable for the local board to provide adequate funds to support 12 months of employment for career and technical agriculture teachers. Pay for Newly Employed Teachers with Experience Credit. - Notwithstanding any other provision of law, a local board of education shall determine experience credit for a teacher in that teacher's first year of employment with the board for the purposes of paying the teacher with State-allotted funds in accordance with the State salary schedule. Notwithstanding subsection (f) of this section, the local board of education and the teacher shall not be responsible for the repayment of any overpayment of State funds due to misapplication of experience credit for the State salary schedule for the first year of employment when the determination of experience credit was done in good faith based on the teacher's verified prior employment record and the guidelines established by the State Board of Education for awarding experience credit. However, a local board of education that does not use due diligence to verify prior employment will be responsible for the repayment of any overpayment of State funds. A teacher paid in accordance with this subsection (i) shall not be entitled to the same pay on the State salary schedule for teachers for subsequent years of employment after the State Board determines the appropriate experience credit for that teacher and (ii) shall not be deemed to be demoted under Part 3 of Article 22 of this Chapter if the State Board's determination of experience credit results in a reduction in salary in subsequent years of employment. Vacation. - Included within the 10-month term shall be annual vacation leave at the same rate provided for State employees, computed at one-twelfth of the annual rate for State employees for each month of employment. Local boards shall provide at least 10 days of annual vacation leave at a time when students are not scheduled to be in regular attendance. However, instructional personnel who do not require a substitute may use annual vacation leave on days that students are in attendance. Career and technical education teachers who are employed for 11 or 12 months may, with prior approval of the principal, work on annual vacation leave days designated in the school calendar and may use those annual vacation leave days during the eleventh or twelfth month of employment. Local boards of education may adopt policies permitting instructional personnel employed for 11 or 12 months in year-round schools to, with the approval of the principal, take vacation leave at a time when students are in attendance; local funds shall be used to cover the cost of substitute teachers. , (c2) Repealed by Session Laws 2002-126, s. 7.11(a), effective July 1, 2002, and applicable only to leave days accruing after September 30, 2002. Teachers may accumulate annual vacation leave days without any applicable maximum until June 30 of each year. In order that only 30 days of annual vacation leave carry forward to July 1, on June 30 of each year any teacher or other personnel paid on the teacher salary schedule who has accumulated more than 30 days of annual vacation leave shall convert to sick leave the remaining excess accumulation. Personal Leave. - Teachers earn personal leave at the rate of .20 days for each full month of employment not to exceed two days per year. Personal leave may be accumulated without any applicable maximum until June 30 of each year. A teacher may carry forward to July 1 a maximum of five days of personal leave; the remainder of the teacher's personal leave shall be converted to sick leave on June 30. At the time of retirement, a teacher may also convert accumulated personal leave to sick leave for creditable service towards retirement. Teachers in Year-Round Schools. - Compensation for teachers employed in year-round schools shall be the same as teachers paid for a 10-month term, but those days may be scheduled over 12 calendar months. Annual leave, sick leave, workdays, holidays, salary, and longevity for teachers who are employed at year-round schools shall be equivalent to those of other teachers employed for the same number of months, respectively. Teachers paid for a term of 10 months in year-round schools shall receive their salary in 12 equal installments. Overpayment. - Each local board of education shall sustain any loss by reason of an overpayment to any teacher paid from State funds. Service in Armed Forces. - The State Board of Education, in fixing the State standard salary schedule of teachers as authorized by law, shall provide that teachers who entered the Armed Forces or auxiliary forces of the United States after September 16, 1940, and who left their positions for such service shall be allowed experience increments for the period of such service as though the same had not been interrupted thereby, in the event such persons return to the position of teachers, principals, and superintendents in the public schools of the State after having been honorably discharged from the Armed Forces or auxiliary forces of the United States. Payment During Military Duty. - The State Board of Education shall adopt rules relating to leaves of absence, without loss of pay or time, for periods of military training and for State or federal military duty or for special emergency management service. The rules shall apply to all public school employees, including, but not limited to, school teachers, administrators, guidance counselors, speech language pathologists, nurses, and custodians employed by local boards of education or by charter schools. The rules shall provide that (i) the State pays any salary differential to all public school employees in State-funded positions, (ii) the employing local board of education pays any pay differential to all public school employees in locally funded positions, (iii) the employing charter school pays any pay differential to all public school employees in the charter school, and (iv) the employing local board of education pays the local supplement. Teachers Paid From Other Funds. - Every local board of education may adopt, as to teachers not paid out of State funds, a salary schedule similar to the State salary schedule, but it likewise shall recognize a difference in salaries based on different duties, training, experience, professional fitness, and continued service in the same school system. If a local board of education does not adopt a local salary schedule, the State salary schedule shall apply. No teacher shall receive a salary higher than that provided in the salary schedule, unless by action of the board of education a higher salary is allowed for special fitness, special duties, or under extraordinary circumstances. Longevity Pay. - Longevity pay shall be based on the annual salary on the employee's anniversary date. Parental Leave. - A teacher may use annual leave, personal leave, or leave without pay to care for a newborn child or for a child placed with the teacher for adoption or foster care. A teacher may also use up to 30 days of sick leave to care for a child placed with the teacher for adoption. The leave may be for consecutive workdays during the first 12 months after the date of birth or placement of the child, unless the teacher and local board of education agree otherwise. Each local board of education shall establish a set date on which monthly salary payments to State-allotted teachers shall be made. This set pay date may differ from the end of the month of service. The daily rate of pay for teachers shall equal midway between one twenty-first and one twenty-second of the monthly rate of pay. Except for teachers employed in a year-round school or paid in accordance with a year-round calendar, or both, the initial pay date for teachers shall be no later than August 31 and shall include a full monthly payment. Subsequent pay dates shall be spaced no more than one month apart and shall include a full monthly payment. Teachers may be prepaid on the monthly pay date for days not yet worked. A teacher who fails to attend scheduled workdays or who has not worked the number of days for which the teacher has been paid and who resigns, is dismissed, or whose contract is not renewed shall repay to the local board any salary payments received for days not yet worked. A teacher who has been prepaid and continues to be employed by a local board but fails to attend scheduled workdays may be subject to dismissal under G.S. 115C-325 or G.S. 115C-325.4 or other appropriate discipline. Any individual teacher who is not employed in a year-round school may be paid in 12 monthly installments if the teacher so requests on or before the first day of the school year. The request shall be filed in the local school administrative unit which employs the teacher. The payment of the annual salary in 12 installments instead of 10 shall not increase or decrease the teacher's annual salary nor in any other way alter the contract made between the teacher and the local school administrative unit. Teachers employed for a period of less than 10 months shall not receive their salaries in 12 installments. Notwithstanding this subsection, the term "daily rate of pay" for the purpose of G.S. 115C-12(8) or for any other law or policy governing pay or benefits based on the teacher salary schedule shall not exceed one twenty-second of a teacher's monthly rate of pay. On a day that pupils are not required to attend school due to inclement weather, but employees are required to report for a workday, a teacher may elect not to report due to hazardous travel conditions and to take an annual vacation day or to make up the day at a time agreed upon by the teacher and the teacher's immediate supervisor or principal. On a day that school is closed to employees and pupils due to inclement weather, a teacher shall work on the scheduled makeup day. All vacation leave taken by the teacher will be upon the authorization of the teacher's immediate supervisor and under policies established by the local board of education. Annual vacation leave shall not be used to extend the term of employment. Notwithstanding any provisions of this subsection to the contrary, no person shall be entitled to pay for any vacation day not earned by that person. Upon separation from service due to service retirement, resignation, dismissal, reduction in force, or death, an employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of 30 days. In addition to the maximum of 30 days pay for accumulated annual leave, upon separation from service due to service retirement, any teacher or other personnel paid on the teacher salary schedule with more than 30 days of accumulated annual vacation leave may convert some or all of the excess accumulation to sick leave for creditable service towards retirement. Employees going onto term disability may exhaust annual leave rather than be paid in a lump sum. Personal leave may be used only upon the authorization of the teacher's immediate supervisor. A teacher shall not take personal leave on the first day the teacher is required to report for the school year, on a required teacher workday, on days scheduled for State testing, or on the day before or the day after a holiday or scheduled vacation day, unless the request is approved by the principal. On all other days, if the request is made at least five days in advance, the request shall be automatically granted subject to the availability of a substitute teacher, and the teacher cannot be required to provide a reason for the request. Teachers may transfer personal leave days between local school administrative units. The local school administrative unit shall credit a teacher who has separated from service and is reemployed within 60 months from the date of separation with all personal leave accumulated at the time of separation. Local school administrative units shall not advance personal leave. Teachers using personal leave on teacher workdays shall receive full salary. Teachers using personal leave on other days shall receive full salary less the required substitute deduction. If, however, no substitute is hired for a teacher, the substitute reduction shall be refunded to that teacher. When a higher salary is allowed, the minutes of the board shall show what salary is allowed and the reason. A board of education may authorize the superintendent to supplement the salaries of all teachers from local funds, and the minutes of the board shall show what increase is allowed each teacher. History (1997-443, s. 8.38(e); 1999-237, s. 28.26(a), (b); 2002-126, s. 7.11(a); 2002-159, s. 37.5(a); 2003-301, s. 1; 2004-124, s. 7.20; 2004-180, s. 2; 2007-378, s. 1; 2008-107, s. 26.21(a); 2008-187, s. 45.5; 2008-209, ss. 1(a), 2; 2009-451, s. 7.35; 2011-183, s. 78; 2011-379, s. 5; 2012-13, s. 1; 2012-142, s. 7.14(a); 2013-240, s. 1; 2015-241, s. 8.22; 2017-57, s. 7.23H(g); 2017-157, s. 2(g); 2019-71, s. 3.) Local Modification. - Tyrrell County Board of Education: 2000-67, s. 8.29. Teacher Compensation Models and Advanced Teaching Roles. - Session Laws 2016-94, s. 8.7(a)-(i), as amended by Session Laws 2017-57, s. 7.11(a), Session Laws 2018-5, s. 7.9, Session Laws 2018-97, s. 2.6, and Session Laws 2019-248, s. 2(a), (b), provides: "(a) Purpose. - The State Board of Education shall establish an eight-year pilot program (pilot) to develop advanced teaching roles and organizational models that link teacher performance and professional growth to salary increases in selected local school administrative units for classroom teachers. For the purposes of this section, a classroom teacher is a teacher who works in the classroom providing instruction at least seventy percent (70%) of the instructional day and who is not instructional support personnel. The purpose of the pilot shall be to do the following: "(1) Allow highly effective classroom teachers to teach an increased number of students by assuming accountability for additional students, by becoming a lead classroom teacher accountable for the student performance of all of the students taught by teachers on that lead classroom teacher's team, or by leading a larger effort in the school to implement new instructional models to improve school-wide performance. "(2) Enable local school administrative units to provide salary supplements to classroom teachers in advanced teaching roles. Selection of an advanced teaching role classroom teacher and award of related salary supplements shall be made on the basis of demonstrated effectiveness and additional responsibilities. "(3) Enable local school administrative units to create innovative compensation models that focus on classroom teacher professional growth and student outcomes. "(4) Utilize local plans to establish organizational changes related to compensation in order to sustain evidenced-based teaching practices that have the capacity to be replicated throughout the State. "(b) Request for Proposal. - By September 15, 2016, the State Board of Education shall issue an initial Request for Proposal (RFP) for the pilot. The State Board may issue additional, subsequent RFPs, as necessary, in order to meet the requirements of this section. Local boards of education shall submit their initial proposals by October 15, 2016. Any additional proposals shall be submitted in accordance with requirements set by the State Board. Any RFP issued by the State Board shall require that proposals include the following information at a minimum: "(1) Description of the program structure, including the process for teacher advancement based on performance, professional growth, or the specific teacher roles assumed by the teacher. "(2) Descriptions of the advanced teaching roles, including minimum qualifications for the positions that must include at least one of the following: "a. Advanced certifications, such as National Board for Professional Teaching Standards Certification, or a master's degree in the area in which the classroom teacher is licensed and teaching. "b. A rating of at least accomplished on each of the Teacher Evaluation Standards 1-5 on the North Carolina Teacher Evaluation instrument or the equivalent on an out-of-state evaluation system. "c. Evidence that the teacher has exceeded expected student growth based on three years of teacher evaluation data as calculated by the State Board of Education. "d. Equivalent demonstrated mastery of teaching skills as required by the new local compensation model. "(3) Job responsibilities that include at least one of the following: "a. Teaching an increased number of students and being accountable for their performance as the teacher of record for those students. "b. Becoming a lead classroom teacher among a group of teachers and being the teacher of record for all students taught by that group of teachers. "c. Leading a school-wide effort to implement data-driven instructional models that include blended learning environments, utilizing digital learning and resources, and focusing on methods of improvement for school-wide performance issues. "d. Completing training that certifies the teacher as an in-house provider of professional development or functioning as an instructional content area coach or a coach in another professional development area. "(4) Description of how the local school administrative unit will inform all employees and the public on the criteria and selection for the advanced teaching roles, the continued eligibility requirements for the advanced teaching roles, and how the individuals selected for the advanced teaching roles will be evaluated. "(5) Description of how the local school administrative unit will inform all employees and the public on the criteria for movement on the proposed new local compensation model. "(6) The process for the voluntary relinquishment of an advanced teaching role, including the associated additional duties. Voluntary relinquishment of the advanced teaching role shall not be considered a demotion under Part 3 of Article 22 of Chapter 115C of the General Statutes. "(7) Salary supplement information including the following: "a. The amount of the salary supplements that will be provided to those selected for the advanced teaching roles. The supplements may be up to thirty percent (30%) of the State teacher salary schedule. "b. A statement by the local school administrative unit that the salary supplements will be paid as a supplement to the classroom teacher's regular salary and not be included in the average salary calculation used for budgeting State allotments. "c. A statement by the local school administrative unit that if a classroom teacher in an advanced teaching role (i) fails to maintain the minimum criteria established for the position, (ii) is not successfully performing the additional duties associated with the advanced teaching role, or (iii) voluntarily relinquishes the advanced teaching role, the teacher shall only be paid the salary applicable to that individual on the State teacher salary schedule and any other local supplements that would otherwise apply to the classroom teacher's compensation. "d. The amount of the salary supplements at all levels of the proposed new local school administrative unit compensation model in relation to the State teacher salary schedule. "(8) The implementation plan, including the number of schools in the local school administrative unit that will have advanced teaching roles and any new proposed compensation model, the number of advanced teaching roles at each of those schools, the number of students whose teacher of record will be a teacher in an advanced teaching role, and the number of teachers overall who would be eligible for the proposed new local school administrative unit compensation model. "(9) Plans for financial sustainability once any grant money that may be awarded to the local school administrative unit is no longer available. "(c) Selection by State Board of Education. - By December 15, 2016, the State Board of Education shall review the initial proposals submitted by local boards of education. The State Board shall review additional, subsequent proposals submitted by local boards of education in accordance with requirements set by the State Board. "'(1)-(3) Repealed by Session Laws 2019-248, s. 2(a). "(d) Pilot Implementation. - The selected local school administrative units shall implement their approved pilots beginning as early as the 2017-2018 school year and ending with the 2024-2025 school year. The local board of education for each selected pilot local school administrative unit shall provide any requested information and access to the independent research organization selected by the State Board of Education to evaluate the pilots pursuant to subsection (f) of this section. "(e) Use of Grant Funds. - Funds awarded to local school administrative units shall be used for any of the following: "(1) Salary supplements for advanced teaching roles. "(2) Development of advanced teaching role plans. "(3) Development of professional development courses. "(4) Transition costs associated with designing and implementing advanced teaching role models in schools within the local school administrative unit. Transition costs may include employing staff members or contractors to assist with design and implementation of the pilot plan. "(5) Development of the design and implementation of compensation plans that focus on teacher professional growth and student outcomes and the transition costs associated with designing and implementing new compensation plans, including employing staff members or contractors to assist with design and implementation of the pilot plan. "(f) Pilot Evaluation. - The State Board of Education shall contract with an independent research organization to evaluate how the advanced teaching roles and new compensation plan pilots have accomplished, at a minimum, the following: "(1) Improvement in the quality of classroom instruction and increases in school-wide growth. "(2) An increase in the attractiveness of teaching. "(3) Recognition, impact, and retention of high-quality classroom teachers. "(4) Assistance to and retention of beginning classroom teachers. "(5) Improvement in and expansion of the use of technology and digital learning. "The independent research organization shall report annually beginning October 15, 2017, until the conclusion of the pilot to the State Board on all aspects of the implementation and evaluation of the pilot. The independent research organization shall also evaluate, as part of the annual report, the existing Project LIFT, Inc., program in Charlotte-Mecklenburg Schools, and the proposed Project Advance in Chapel Hill-Carrboro City Schools, if that project is implemented. The State Board shall provide the annual report to the offices of the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the Senate Appropriations•ase Budget Committee, the House Committee on Appropriations, the Senate Appropriations Committee on Education/Higher Education, the House Appropriations Committee on Education, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee. "(g) Of the funds appropriated to the Department of Public Instruction by this act for the 2016-2017 fiscal year to support teacher compensation models and advanced teaching roles, the Department may use up to two hundred thousand dollars ($200,000) for the State Board of Education to contract with an independent research organization for the pilot evaluations. Any remaining funds may be used to award funds to selected local school administrative units for the implementation of the pilots in accordance with this section. Funds appropriated to the Department of Public Instruction for the 2016-2017 fiscal year for the pilot and for the evaluation of the pilot shall not revert at the end of the fiscal year but shall remain available until expended. "(h) It is the intent of the General Assembly to appropriate from the General Fund to the Department of Public Instruction for the 2017-2018 fiscal year the sum of nine million eight hundred thousand dollars ($9,800,000) for the award of funds to selected local school administrative units for the pilots in accordance with this section. Funds awarded to the local school administrative units shall be awarded in proportion to the current expenditure of the pilot local school administrative unit on teacher salaries. "(i) Flexibility for Local School Administrative Units. - Notwithstanding G.S. 115C-301 , local school administrative units receiving grants under this program may exceed the maximum class size requirements for kindergarten through third grade." Session Laws 2019-248, s. 2(b), repealed Session Laws 2017-57, s. 7.15(a), and reenacted Session Laws 2016-94, s. 8.7(i). Session Laws 2016-94, s. 8.7, is repealed by Session Laws 2020-78, s. 2.6(a)(1), effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(2) and (a)(3), repealed Session Laws 2017-57, ss. 7.11(a) and 7.15(a), (b), effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(4), repealed Session Laws 2018-5, s. 7.9, effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(5), repealed Session Laws 2018-97, s. 2.6, effective June 30, 2021. Advanced Placement/International Baccalaureate/Cambridge AICE Teacher Bonus Program. - Session Laws 2016-94, s. 8.8, as amended by Session Laws 2017-57, s. 8.8B(a), as amended by Session Laws 2018-5, s. 8.10(a), (b), provides: "(a) The State Board of Education shall establish the Advanced Placement/International Baccalaureate/Cambridge AICE Program (program) to reward advanced course teacher performance and to encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay to teachers of advanced courses in public schools, including charter schools, beginning with data from the 2015-2016 school year, in accordance with the following: "(1) A bonus in the amount of fifty dollars ($50.00) for each student taught by an advanced course teacher in each advanced course who receives the following score: "a. For Advanced Placement courses, a score of three or higher on the College Board Advanced Placement Examination. "b. For International Baccalaureate Diploma Programme courses, a score of four or higher on the International Baccalaureate course examination. "c. For the Cambridge Advanced International Certificate of Education (AICE) program, a score of "C" or higher on the Cambridge AICE program examinations. "(2) No teacher shall be awarded a bonus pursuant to this subsection that exceeds three thousand five hundred dollars ($3,500) in any given school year. The bonus awarded to a teacher pursuant to this subsection shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive. "(3) A bonus awarded pursuant to this subsection is payable in January, based on data from the previous school year, to a qualifying teacher who remains employed teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same charter school at least from the school year the data is collected until January 1 of the corresponding school year that the bonus is paid. "(b) For the purposes of this section, an "advanced course" shall mean an Advanced Placement course, an International Baccalaureate Diploma Programme course, or a Cambridge AICE course. "(c) Notwithstanding G.S. 135-1 (7a), the compensation bonuses awarded under this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System. "(d) The State Board of Education shall study the effect of the program on advanced course teacher performance and retention. The State Board shall report the results of its findings and the amount of bonuses awarded to advanced course teachers, including the amount awarded for Advanced Placement courses, the amount awarded for International Baccalaureate Diploma Programme courses, and the amount awarded for Cambridge AICE program courses, to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year. "(e) For the 2017-2018 fiscal year only, the Director of the Budget shall also include in the base budget, as defined by G.S. 143C-1-1(d) (1c), the amount of nonrecurring funds needed to support the program. "(f) Repealed by Session Laws 2017-57, s. 8.8B(a), effective July 1, 2017." Industry Certifications and Credentials Teacher Bonus Program. - Session Laws 2016-94, s. 8.9, as amended by Session Laws 2017-57, s. 8.8B(b), and as amended by Session Laws 2018-5, s. 8.10(c), provides: "(a) The State Board of Education, in collaboration with the Department of Commerce, shall establish the Industry Certifications and Credentials Teacher Bonus Program (program) to reward the performance of teachers in public schools, including charter schools, who teach students earning approved industry certifications or credentials consistent with G.S. 115C-156.2 and to encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay to teachers in public schools, including charter schools, who teach students earning approved industry certifications or credentials, beginning with data from the 2015-2016 school year, in accordance with the following: "(1) For teachers who provide direct instruction to students, bonuses shall be provided in the following amounts: "a. A bonus in the amount of twenty-five dollars ($25.00) for each student taught by a teacher who provided instruction in a course that led to the attainment of an industry certification or credential with a twenty-five-dollar ($25.00) value ranking as determined under subdivision (3) of this subsection. "b. A bonus in the amount of fifty dollars ($50.00) for each student taught by a teacher who provided instruction in a course that led to the attainment of an industry certification or credential with a fifty-dollar ($50.00) value ranking as determined under subdivision (3) of this subsection. "(2) No teacher shall be awarded a bonus pursuant to this subsection that exceeds three thousand five hundred dollars ($3,500) in any given school year. The bonus awarded to a teacher pursuant to this subsection shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive. "(3) The Department of Commerce, in consultation with the State Board, shall assign a value ranking for each industry certification and credential based on academic rigor and employment value in accordance with this subdivision. Fifty percent (50%) of the ranking shall be based on academic rigor and the remaining fifty percent (50%) on employment value. Academic rigor and employment value shall be based on the following elements: "a. Academic rigor shall be based on the number of instructional hours, including work experience or internship hours, required to earn the industry certification or credential, with extra weight given for coursework that also provides community college credit. "b. Employment value shall be based on the entry wage, growth rate in employment for each occupational category, and average annual openings for the primary occupation linked with the industry certification or credential. "(4) A bonus awarded pursuant to this subsection is payable in January to a qualifying teacher who remains employed teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same charter school at least from the school year the data is collected until January 1 of the corresponding school year that the bonus is paid. "(b) Notwithstanding G.S. 135-1 (7a), the compensation bonuses awarded under this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System. "(c) The State Board of Education shall study the effect of the program on teacher performance and retention. The State Board shall report the results of its findings, the amount of bonuses awarded to teachers who teach students earning approved industry certifications or credentials, and the type of industry certifications and credentials earned by their students to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year. "(d) For the 2017-2018 fiscal year only, the Director of the Budget shall also include in the base budget, as defined by G.S. 143C-1-1(d) (1c), the amount of nonrecurring funds needed to support the program. "(e) Repealed by Session Laws 2017-57, s. 8.8B(b), effective July 1, 2017." Editor's Note. - Session Laws 2004-180, s. 2, which amended this section, is applicable in all 100 counties and in all local administrative units to school years beginning with the 2005-2006 school year. Session Laws 2004-180, s. 3, provides: "For certified and noncertified employees employed on or after the effective date of this act, the annual rate of pay beginning with the 2005-2006 school year shall not be reduced as the result of this act. Furthermore, nothing in this act shall be construed to change the pay cycle for noncertified employees. The State Board of Education shall report annually to the Joint Legislative Education Oversight Committee on local compliance with this section." Session Laws 2004-180, s. 5, provides: "Nothing in this act shall require the General Assembly to appropriate funds to implement it or require a local school administrative unit to spend additional funds to implement it." Session Laws 2007-453, ss. 1 through 3, as amended by Session Laws 2010-31, s. 7.22(b), provide: "1. The State Board of Education shall establish a pilot program authorizing the implementation of alternative teacher salary plans. The purpose of the pilot program is to enable local school administrative units to develop and implement new and innovative teacher salary plans that will improve student performance by financially rewarding teachers through performance pay plans, recruiting teachers to the school unit, and recruiting teachers to hard-to-fill positions in specific subject areas. The State Board of Education may select up to five local school administrative units to participate in the pilot program. "2. Local school administrative units applying to participate in the pilot program shall submit to the State Board of Education a business plan adopted by the local board of education. The business plan shall: "(1) Explain in detail how additional flexibility regarding the use of salary funds will be used to accomplish specific improvements in student academic performance; "(2) Describe the alternative methods to be used, the changes to existing practices proposed for the pilot, the incentives or alternative salary structure to be deployed, the expectations for teachers and other employees who participate in the pilot, the anticipated results, and the methods by which teachers and other employees will be evaluated; "(3) Set out the laws, rules, and policies that must be waived to implement the business plan and the expected outcomes of waiving them; "(4) Explain how the plan will be administered in a nondiscriminatory manner to assure fair and equitable treatment of all employees and employee groups participating in the pilot; "(5) Include specific implementation, time line, management, performance, and reporting benchmarks; "(6) Include statements of how teachers and other stakeholders were included in the development of the plan; and "(7) Include a statement of how all teachers who will be directly participating in the plan conducted a verifiable secret ballot vote, a statement that the results of the vote were presented to the planning team and local board of education prior to the local board's consideration of the final plan, and a statement that the majority of teachers in the schools participating in the plan and the school administration team have agreed on the design of the plan. "3. The State Board of Education may grant waivers of laws, rules, and policies to pilot units that are necessary to implement the business plans submitted by the pilot units." Sections 4 through 6 of Session Laws 2007-453, which contained various reporting requirements and were formerly noted here, were repealed by Session Laws 2010-31, s. 7.22(b), effective July 1, 2010. Session Laws 2008-209, s. 1(b), provided that subsection 1(a) of that act, which amended subsection (d) of this section, would become effective July 1, 2009, if House Bill 2436, 2007 Regular Session, became law. House Bill 2436, 2007 Regular Session, was enacted as Session Laws 2008-107. Session Laws 2008-209, s. 2, as amended by Session Laws 2008-187, s. 45.5, provided that the amendments by those acts would become effective if House Bill 2436, 2007 Regular Session [Session Laws 2008-107] became law, which it did. In addition, the amendment by Session Laws 2008-187, s. 45.5, was contingent upon House Bill 15, 2007 Regular Session [Session Laws 2008-209] becoming law. Session Laws 2008-107, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2008'." Session Laws 2008-107, s. 30.5, is a severability clause. Session Laws 2009-26, s. 8, provides: "Notwithstanding G.S. 115C-302.1(h) , 115C-316(b), 115C-285(b), 115C-273, or any other provision of law, employees of local boards of education who are not paid out of State funds shall receive the same reduction in pay applicable to State-paid employees in the event of a reduction in compensation of State-paid employees that is enacted by the General Assembly or ordered by the Governor pursuant to the Governor's constitutional duty to balance the State budget." Session Laws 2011-379, s. 1, provides: "This act shall be known as the 'School and Teacher Paperwork Reduction Act.'" Session Laws 2011-379, s. 4, provides: "The Department of Health and Human Services, in consultation with the More at Four Program and the Smart Start Program, shall review all reporting requirements imposed on the public schools relating to the operations of the programs and child care regulation requirements. The Department of Health and Human Services shall reduce the frequency of reporting as appropriate, based upon the review and recommendation of the parties involved. "The Department of Health and Human Services shall report to the General Assembly on its implementation of this section by October 1, 2011." Session Laws 2011-379, s. 5, effective July 1, 2012, rewrote the third paragraph of subsection (b) to read: "Teachers shall be paid only for the days employed as of the set pay date. Payment for a full month when days employed are less than a full month is prohibited, as this constitutes prepayment." Session Laws 2012-13, s. 1, effective July 1, 2012, repealed s. 5 of Session Laws 2011-379, and the third paragraph of subsection (b) has been set out as it appeared prior to its amendment by that section. Session Laws 2012-142, s. 7.14(c), makes the amendments to this section by Session Laws 2012-142, s. 7.14(a), applicable beginning with the 2012-2013 school year. Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2013-240, s. 2 made the amendment to subsection (d) by Session Laws 2013-240, s. 1, applicable beginning with the 2013-2014 school year. Session Laws 2014-100, s. 8.41(a), (b), provides: "(a) Intent. - It is the intent of the General Assembly to provide local boards of education additional State funds for local programs to provide differentiated pay for highly effective classroom teachers through funds appropriated from the North Carolina Education Endowment Fund as provided in Section 8.11(i) of this act. "(b) Proposals. - Local boards of education shall submit proposals to establish a local program to provide differentiated pay for highly effective classroom teachers to the Senate Appropriations•ase Budget Committee, the House Committee on Appropriations, and the Joint Legislative Education Oversight Committee by January 15, 2015. "(1) Proposals may include any of the following types of differentiated pay for classroom teachers: "a. Performance-based salary increases for classroom teachers rated highly effective on the North Carolina Teacher Evaluation instrument based on successful performance relative to classroom instruction and student academic growth. "b. Differentiated bonuses for classroom teachers, including: "1. Hard-to-staff subject areas, such as science, technology, engineering, and mathematics (STEM) education and exceptional children. "2. Hard-to-staff schools. "3. Assignment of additional academic responsibilities and leadership roles. "4. Assignment as an instructional coach. "(2) Proposals shall limit eligibility for differentiated pay to the following employees of local boards of education: "a. Classroom teachers. - An eligible classroom teacher is a teacher who is employed as a teacher who spends at least seventy percent (70%) of his or her work time in classroom instruction and is not employed as instructional support personnel. "b. Instructional coach, as classified by the Department of Public Instruction, in a Title I school, as identified under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.' " Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 7.23H(k), made the amendment to subsections (b) and (c), and the addition of subsection (b2) of this section by Session Laws 2017-57, s. 7.23H(g), applicable beginning with the 2017-2018 school year. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2019-71, s. 6, as amended by Session Laws 2019-212, s. 8(f), made subsection (b3) as added by Session Laws 2019-71, s. 3, effective July 1, 2019, and applicable beginning with the eighteenth day following the effective date of this act [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 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Effect of Amendments. - Session Laws 2004-124, s. 7.20, effective July 1, 2004, added the last sentence in the first paragraph of subsection (b). Session Laws 2007-378, s. 1, effective July 1, 2007, rewrote subsection (d). Session Laws 2008-107, s. 26.21(a), as amended by Session Laws 2008-209, s. 2, and as amended by Session Laws 2008-187, s. 45.5, effective July 1, 2008, and expiring June 30, 2009, rewrote the last sentence of the second paragraph of subsection (d). Session Laws 2008-209, s. 1(a), effective July 1, 2009, added "except for teachers using personal leave on non-protected teacher workdays. Teachers using personal leave on non-protected teacher workdays shall receive full salary" to the end of the second paragraph of subsection (d). Session Laws 2009-451, s. 7.35, effective July 1, 2009, added subsection (b1). Session Laws 2011-183, s. 78, effective June 20, 2011, twice substituted "Armed Forces or auxiliary forces" for "armed or auxiliary forces" in the last sentence of subsection (g). Session Laws 2011-379, s. 5, effective July 1, 2012, rewrote the third paragraph of subsection (b), which formerly pertained to prepayment of teachers for days not yet worked. Session Laws 2012-142, s. 7.14(a), effective July 1, 2012, added the last sentence to subsection (c). Session Laws 2013-240, s. 1, effective July 3, 2013, in the second paragraph of subsection (d), deleted the former seventh sentence, which read "Teachers using personal leave receive full salary less the required substitute deduction, except for teachers using personal leave on non-protected teacher workdays" and deleted "non-protected" preceding "teacher workdays" in the present seventh sentence, and added the last two sentences. For applicability, see Editor's note. Session Laws 2015-241, s. 8.22, effective July 1, 2015, added the last sentence in the first paragraph of subsection (b). Session Laws 2017-57, s. 7.23H(g), effective July 1, 2017, in the first paragraph of subsection (b), inserted the exception at the beginning of the second sentence, substituted "career and technical" and "career" for the first and second instances of "vocational," and rewrote the last two sentences, which read: "However, local boards shall not reduce the term of employment for any vocational agriculture teacher personnel position that was 12 calendar months for the 1982-83 school year for any school year there- after. In addition, local boards shall not reduce the term of employment for any vocational agriculture teacher personnel position that was 12 calendar months for the 2003-2004 school year for any school year thereafter."; added subsection (b2); and substituted "Career" for "Vocational" at the beginning of the fourth sentence in subsection (c). For applicability, see editor's note. Session Laws 2017-157, s. 2(g), effective July 21, 2017, added "or G.S. 115C-325.4 " in the third paragraph of subsection (b). Session Laws 2019-71, s. 3, added subsection (b3). For effective date and applicability, see editor's note. § 115C-302.2: Repealed by Session Laws 2003-358, s. 1, effective January 1, 2004.