Criminal History Checks for School Positions.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 6
HOUSE BILL 775
Committee Substitute Favorable 6/10/25
Committee Substitute #2 Favorable 6/17/25
Committee Substitute #3 Favorable 6/24/25
Committee Substitute #4 Favorable 9/23/25
Sixth Edition Engrossed 9/23/25

Short Title: Criminal History Checks for School Positions. (Public)
Sponsors:
Referred to:
April 7, 2025
*H775-v-6*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE CRIMINAL HISTORY CHECKS FOR THE INITIAL MEMBERS OF 2
A CHARTER SCHOOL BOA RD OF DIRECTORS AND APPLICANTS FOR 3
EMPLOYMENT WITH A PU BLIC SCHOOL UNIT; TO MODIFY REP ORTING 4
REQUIREMENTS FOR MIS CONDUCT BY SCHOOL EM PLOYEES; TO 5
STRENGTHEN REPORTING REQUIREMENTS FOR THREATS AND ASSAULTS ON 6
TEACHERS; AND TO ENC OURAGE THE STATE BOA RD OF EDUCATION TO 7
ALIGN ITS LICENSURE SYSTEM WITH THE MULT ISTATE EDUCATOR LOOKUP 8
SYSTEM. 9
The General Assembly of North Carolina enacts: 10
11
PART I. REQUIRE CRIM INAL HISTORY CHECKS FOR THE INITIAL MEMB ERS 12
OF A CHARTER SCHOOL BOARD OF DIRECTORS 13
SECTION 1.(a) G.S. 115C-218.1(b)(3) reads as rewritten: 14
"(3) The governance structure of the school including the names of the initial 15
members of the board of directors of the nonprofit, tax -exempt corporation 16
and the process to be followed by the school to ensure parental involvement. 17
The initial members of the board of directors shall consen t to a criminal 18
history check as provided in G.S. 115C-218.4. A teacher employed by the 19
board of directors to teach in the charter school may serve as a nonvoting 20
member of the board of directors for the charter school." 21
SECTION 1.(b) Article 14A of Chapter 115C of the General Statutes is amended by 22
adding a new section to read: 23
"§ 115C-218.4. Charter board of directors criminal history checks. 24
(a) The following definitions apply in this section: 25
(1) Consumer reporting agency. – As defined in G.S. 115C-77(a). 26
(2) Criminal history. – As defined in G.S. 115C-77(a). 27
(3) Member. – An individual who is a member of the board of directors of a 28
nonprofit corporation seeking initial approval to establish a charter school. 29
(b) The Review Board shall require all members of the board of directors of a nonprofit 30
corporation to be checked for a criminal history by either a consumer reporting agency, the State 31
Bureau of Investigation, or both, before granting final approval of a charter application. The 32
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Review Board shall require a member to pay for the criminal history check authorized under this 1
subsection, but the nonprofit corporation may pay for the criminal history check on behalf of the 2
member. The Review Board shall not issue a charter to a n onprofit with a member who refuses 3
to consent to a criminal history check. 4
(c) If the Review Board requires a criminal history check by the State Bureau of 5
Investigation, all of the following apply: 6
(1) The State Bureau of Investigation shall provide to th e Review Board the 7
criminal history from the State and National Repositories of Criminal 8
Histories of any member. 9
(2) The Review Board shall require the member to (i) be fingerprinted and to 10
provide any additional information required by the State Bureau of 11
Investigation to a person designated by the Review Board and (ii) sign a form 12
consenting to the check of the criminal record and to the use of fingerprints 13
and other identifying information required by the repositories. 14
(d) The Review Board shall review the criminal history it receives on a member and shall 15
determine whether the results of the review indicate that the member (i) poses a threat to the 16
physical safety of students or personnel or (ii) has demonstrated that he or she does not have the 17
integrity or honesty to fulfill his or her duties as a member of the board of directors of a charter 18
school. If the Review Board denies an application for a charter based on its review of the criminal 19
history it receives on a member, the Review Board shall make written findings with regard to 20
how it used the information when denying the application. 21
(e) All of the information received by the Review Board through the checking of the 22
criminal history in accordance with this section is privileged inform ation and is not a public 23
record but is for the exclusive and confidential use of the Review Board. The Review Board may 24
destroy the information after it is used for the purposes authorized by this section after one 25
calendar year. 26
(f) There shall be no lia bility for negligence on the part of the Review Board , or its 27
employees, arising from any act taken or omission by any of them in carrying out the provisions 28
of this section. The immunity established by this subsection shall not extend to gross negligence, 29
wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity 30
established by this subsection shall be deemed to have been waived to the extent of 31
indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the 32
General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as 33
set forth in Article 31 of Chapter 143 of the General Statutes. 34
(g) Any member who willfully furnishes, supplies, or otherwise gives false informa tion 35
for a criminal history record check under this section is guilty of a Class A1 misdemeanor." 36
SECTION 1.(c) This section applies to applications for initial charters that are 37
received on or after October 1, 2025. 38
39
PART II. CRIMINAL HISTORY CHECKS FOR PUBLIC SCHOOL UNIT PERSONNEL 40
SECTION 2.(a) There is established in Article 7B of Chapter 115C of the General 41
Statutes a new Part to read "Part 7. Public School Unit Personnel." 42
SECTION 2.(b) G.S. 115C-332, as amended by S.L. 2025-47, is recodified into Part 43
7 of Article 7B of Chapter 115C of the General Statutes, as established by this act, as 44
G.S. 115C-77 and reads as rewritten: 45
"§ 115C-77. School personnel criminal history checks. 46
(a) As used The following definitions apply in this section: 47
(1) "Criminal history" means a Criminal history. – A county, state, or federal 48
criminal history of conviction of a crime, whether a misdemeanor or a felony, 49
that indicates the employee (i) poses a threat to the physical safety of students 50
or personnel, or (ii) has demonstrated that he or she does not have the integrity 51
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House Bill 775-Sixth Edition Page 3
or honesty to fulfill his or her duties as public school personnel. Such crimes 1
include the following North Carolina crimes contained in any of the following 2
Articles of Chapter 14 of the General Statu tes: Article 5A, Endangering 3
Executive and Legislative Executive, Legislative, and Court Officers; Article 4
6, Homicide; Article 7B, Rape and Kindred Other Sex Offenses; Article 8, 5
Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury 6
or Damage by Use of Explosive or Incendiary Device or Material; Article 14, 7
Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; 8
Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 9
19, False Pretense and Cheats; Article 19A, Obtaining Property or Services 10
by False or Fraudulent Use of Credit Device or Other Means; Article 20, 11
Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and 12
Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 13
28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; 14
Article 35, Offenses Against the Public Peace; Article 36A, Riots, Civil 15
Disorders, and Emergencies; Article 39, Protection of Minors; and Article 60, 16
Computer-Related Crime. Such crimes also include possession or sale of 17
drugs in violation of the North Carolina Controlled Substances Act, Article 5 18
of Chapter 90 of the General Statutes, and alcohol -related offenses such as 19
sale to underage persons in violation of G.S . 18B-302 or driving while 20
impaired in violation of G.S. 20-138.1 through G.S. 20-138.5. In addition to 21
the North Carolina crimes listed in this subparagraph, such crimes also include 22
similar crimes under federal law or under the laws of other states. 23
(2) Consumer reporting agency. – An entity which, for monetary fees, dues, or on 24
a cooperative nonprofit basis, regularly engages in whole or in part in the 25
practice of assembling or evaluating consumer credit information or other 26
information on consumers, including criminal history checks, for the purpose 27
of furnishing consumer reports to third parties, and which uses any means or 28
facility of interstate commerce for the purpose of preparing or furnishing 29
consumer reports, and which is regulated as provided in 15 U.S.C. § 1681, et 30
seq. A criminal history check by a consumer reporting agency provided for 31
purposes of this section must include all of the following: 32
a. A search of the state criminal registry or repository in which the 33
applicant resides. 34
b. A multist ate/multijurisdiction database search which includes a 35
follow-up search at the originating source for any information returned 36
by the database search and which confirms final disposition 37
information of the same. 38
c. A search of records obtained from county, state, and federal criminal 39
repositories where the individual resides and has previously resided. 40
d. A search of the National Sex Offender Registry established as 41
provided in 42 U.S.C. § 16919. 42
(3) Governing body. – The governing body of a public school unit. 43
(2)(4) "School personnel" means any: 44
a. Employee of a local board of education whether full-time or part-time, 45
or 46
b. Independent contractor or employee of an independent contractor of a 47
local board of education, if the independent contractor carries out 48
duties customarily performed by school personnel, 49
whether paid with federal, State, local, or other funds, who has significant 50
access to students. School personnel includes substitute teachers, driver 51
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training teachers, bus drivers, clerical staff, and custodians.School personnel. 1
– Any individual who meets all of the following, regardless of whether the 2
individual is paid with federal, State, local, or other funds: 3
a. Meets one of the following: 4
1. Is an employee of the governing body of a pub lic school unit 5
whether full time or part time. 6
2. Is an independent contractor or employee of an independent 7
contractor of the governing body of a public school unit, if the 8
independent contractor carries out duties customarily 9
performed by school personnel. 10
b. Has significant access to students, including substitute teachers, driver 11
training teachers, bus drivers, clerical staff, or custodians. 12
(b) Criminal History Checks Required. – Except as provided in subsection (j) of this 13
section, each local board of education governing body shall adopt a policy on whether and under 14
what circumstances that requires an applicant for a school personnel position shall be required to 15
be checked for a criminal history by either a consumer reporting agency, the State Bureau of 16
Investigation, or both, before the applicant is offered an unconditional job. Each local board of 17
education governing body shall apply its policy uniformly in requiring applicants for school 18
personnel positions to be checked for a criminal history. A local board of education that requires 19
a criminal history check for an applicant governing body may employ an applicant conditionally 20
while the board governing body is checking the person's criminal history and making a decision 21
based on the results of the check. The governing body shall not employ or contract with an 22
applicant who refuses to consent to a criminal history check. 23
A local board of education shall not governing body may require an applicant to pay for the 24
criminal history check authorized under this subsection. 25
(c) Criminal History Check by the State Bureau of Investigation. – If the governing body 26
requires a criminal history check by the State Bureau of Investigation, all of the following apply: 27
(1) The State Bureau of Investigation shall provide to the local board of education 28
governing body the criminal history from the State and National Repositories 29
of Criminal Histories of any applicant for a school personnel position in the 30
local school administrative unit for which a local board of education requires 31
a criminal history check.The local board of education public school unit. 32
(2) The governing body shall require the person to be checked by the State Bureau 33
of Investigation applicant to (i) be fingerprinted and to provide any additional 34
information required by the State Bureau of Investigation to a person 35
designated by the local board, governing body, or to the local sheriff or the 36
municipal police, whichever is more convenient for the person, and (ii) sign a 37
form consenting to the check of the criminal record and to the use of 38
fingerprints and other identifying information required by the repositories. 39
The local board of education shall consider refusal to consent when making 40
employment decisions and decisions with regard to independent contractors. 41
(3) The local board of education shall not governing body may require an 42
applicant to pay for being fingerprinted. 43
(d) The local board of education Criminal History Review. – A governing body shall 44
review the criminal history it receives on a person. The local board governing body shall 45
determine whether the results of the review indicate that the applicant or employee (i ) poses a 46
threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does 47
not have the integrity or honesty to fulfill his or her duties as public school personnel and shall 48
use the information when making employment de cisions and decisions with regard to 49
independent contractors. The local board governing body shall make written findings with regard 50
to how it used the information when making employment decisions and decisions with regard to 51
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independent contractors. The local board may delegate any of the duties in this subsection to the 1
superintendent. 2
(e) State Board of Education to Receive Copy. – The local board of education, or the 3
superintendent if designated by the local board of education, governing body shall provide to the 4
State Board of Education the criminal history it receives on a person who is certificated, certified, 5
or licensed by the State Board of Education. The State Board of Education shall review the 6
criminal history and determine whether the person's certificate or license should be revoked in 7
accordance with State laws and rules regarding revocation. 8
(e1) Authority to Delegate Duties. – Except for the governing body of a charter school, a 9
governing body may delegate any of the duties in subsection (d) or (e) of this section to the 10
superintendent or equivalent authority. 11
(f) Criminal History Check Documents Not Public Record s. – All the information 12
received by the local board of education through the checking of the criminal history or by a 13
governing body or the State Board of Education in accordance with this section is privileged 14
information and is not a public record but is for the exclusive use of the local board of education 15
governing body or the State Board of Education. The local board of education governing body 16
or the State Board of Education may destroy the information after it is used for the purposes 17
authorized by this section after one calendar year. 18
(g) Liability. – There shall be no liability for negligence on the part of a local board of 19
education, governing body or its employees, or the State Board of Education, the Superintendent 20
of Public Instruction, or any of their members or employees, individually or collectively, arising 21
from any act taken or omission by any of them in carrying out the provisions of this section. The 22
immunity established by this subsection shall not extend to gross negligence, wanton conduct, or 23
intentional wrongdoing that would otherwise be actionable. The immunity established by this 24
subsection shall be deemed to have been waived to the extent of indemnification by insurance, 25
indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the 26
extent sovereign immunity is waived under the Tort Claims Act, as set forth in Chapte r 31 of 27
Chapter 143 of the General Statutes. 28
(h) Penalty for False Information. – Any applicant for employment who willfully 29
furnishes, supplies, or otherwise gives false information on an employment application that is the 30
basis for a criminal history rec ord check under this section shall be is guilty of a Class A1 31
misdemeanor. 32
(i) The local board of education Additional Criminal History Checks. – A governing 33
body may adopt a policy providing for periodic checks of criminal history of employees. Local 34
boards of education Governing bodies shall not require employees to pay for the criminal history 35
check authorized under this subsection. A local board of education governing body shall indicate, 36
upon inquiry by any other local board of education, charter school, or regional school governing 37
body in the State as to the reason for an employee's resignation or dismissal, if an employee's 38
criminal history was relevant to the employee's resignation or dismissal. 39
(j) Transportation Services. – Notwithstanding any provision of this section to the 40
contrary, the following provisions apply to a local board of education governing body that 41
contracts with a person under G.S. 115C-253 to provide transportation services to students: 42
(1) The local board of education governing body shall require an individual to 43
submit to a criminal history check before allowing that individual to act as a 44
driver pursuant to a contract under G.S. 115C-253. The local board of 45
education governing body may satisfy this requirement by requ esting and 46
receiving a previously completed criminal history check from another local 47
board of education governing body as provided in subsection (k) of this 48
section. 49
(2) The local board of education governing body shall share the results of the 50
criminal history check with another local board of education governing body 51
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upon request of the other local board of education governing body as provided 1
in subsection (k) of this section. 2
(3) If allowed under federal law, the local board of education governing body may 3
delegate any of the duties under subsection (d) of this section to another 4
person. 5
(4) The local board of education governing body may require the individual to 6
pay for a criminal history check or fingerprinting authorized under this 7
section. 8
(k) Governing Bodies to Confirm Identified Disqualifying Offenses. – Upon request of a 9
local board of education, governing body, another local board of education governing body that 10
previously conducted a criminal history check under this section shall confirm, on a form 11
developed by the State Bureau of Investigation, whether any disqualifying offenses were reported 12
in the results of the criminal history check, provided all of the following conditions are satisfied: 13
(1) The previous criminal history check was conducted no more than three years 14
prior to the date of the request under this subsection. 15
(2) The individual who is the subject of the criminal history check has provided 16
written consent for the release of information on a form provided by the State 17
Bureau of Investigation that includes language that authorizes the disclosure 18
of criminal history results between local school boards governing bodies for 19
the purpose of complying with employment or contracting requirements in a 20
public school unit. 21
(3) The local board of education governing body requesting the results of the 22
criminal history check under this subsection submits its request using a form 23
provided by the State Bureau of Investigation that identifies the individual 24
who is the subject of the criminal hi story check and confirms that the 25
information is being sought for the purpose of meeting employment or 26
contracting requirements in a public school unit." 27
SECTION 2.(c) G.S. 14-202.4(d)(3) reads as rewritten: 28
"(3) School personnel. – Any person included in the definition contained in 29
G.S. 115C-332(a)(2), G.S. 115C-77(a), including those employed by a 30
nonpublic, charter, or regional school, and any person who volunteers at a 31
school or a school-sponsored activity." 32
SECTION 2.(d) G.S. 115C-157.1(b)(2) reads as rewritten: 33
"(2) An adjunct instructor shall be subject to a criminal history check, to ensure 34
that the person has not been convicted of any crime listed in G.S. 115C-35
332.G.S. 115C-77." 36
SECTION 2.(e) G.S. 115C-218.90(b) is repealed. 37
SECTION 2.(f) G.S. 115C-238.73 is repealed. 38
SECTION 2.(g) G.S. 115C-298.5(b)(2) reads as rewritten: 39
"(2) An adjunct instructor shall be subject to a criminal history check, to ensure 40
that the person has not been convicted of any crime listed in G.S. 115C-41
332.G.S. 115C-77." 42
SECTION 2.(h) G.S. 115C-332.1(a) reads as rewritten: 43
"(a) For purposes of this section, the term "contractual personnel" includes any individual 44
or entity under contract with the local board of education whose contractual job involves direct 45
interaction with students as part of the job. For purposes of this section, the term "contractual 46
personnel" does not include any person covered under G.S. 115C-332.G.S. 115C-77." 47
SECTION 2.(i) G.S. 115C-562.5(d) reads as rewritten: 48
"(d) If the Authority determines that a nonpublic school is not in compliance with the 49
requirements of this section, the nonpublic school shall be ineligible to receive future scholarship 50
funds. The nonpublic school shall notify the parent or guardian of any enrolled student receiving 51
General Assembly Of North Carolina Session 2025
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a scholarship grant that the nonpublic school is no longer eligible to receive future scholarship 1
grants. The Authority shall establish by rule a process for a nonpublic school to appeal for 2
reconsideration of eligibility after one year. To ensure compliance, the Board of Directors of the 3
Authority shall review the criminal history provided under subdivision (2) of subsection (a) of 4
this section to ensure that the person has not been convicted of any crime listed in G.S. 115C-5
332. G.S. 115C-77. The Board shall determine through this review whether the nonpublic school 6
is noncompliant with this section. The Board shall make written findings with regard to how the 7
criminal history information was used when making the compliance determination. The Board 8
of Directors may delegate any of the duties in this subsection to the Executive Director of the 9
Authority. As part of its review, the Board shall determine whether the results indicate that the 10
staff member has any of the following disqualifying characteristics: 11
…." 12
SECTION 2.(j) G.S. 116-239.12 is repealed. 13
SECTION 2.(k) G.S. 143B-1209.11 reads as rewritten: 14
"§ 143B-1209.11. Criminal record checks of school personnel. 15
(a) The State Bureau of Investigation may provide a criminal record check to the local 16
board of education governing body of a public school unit of a person who is employed in a 17
public school in that local school district that public school unit or of a person who has applied 18
for employment in a public school in th at local school district, that public school unit, if the 19
employee or applicant consents to the record check. The Bureau may also provide a criminal 20
record check of school personnel as defined in G.S. 115C-332 G.S. 115C-77 by fingerprint card 21
to the local board of education governing body of the public school unit from National 22
Repositories of Criminal Histories, in accordance with G.S. 115C-332. G.S. 115C-77. The 23
information shall be kept confidential by the local board of education governing body of the 24
public school unit as provided in G.S. 115C-77 and Article 21A of Chapter 115C of the General 25
Statutes. 26
(a1) The State Bureau of Investigation may provide a criminal record check to the Charter 27
Schools Review Board of a member of a board of directors of a nonprofit corporation seeking 28
initial approval to establish a charter school under Article 14A of Chapter 115C of the General 29
Statutes, if the member consents to the record check. The Bureau may also provide a criminal 30
record check of a member, as defined in G.S. 115C-218.4(a), by fingerprint card to the Charter 31
Schools Review Board from the National Repositories of Criminal Histories, in accordance with 32
G.S. 115C-218.4. The information shall be kept confidential by the Charter Schools Review 33
Board as provided in G.S. 115C-218.4(e). 34
(b) The Bureau may provide a criminal history record check to the board of directors of 35
a regional school of a person who is employed at a regional school or of a person who has applied 36
for employment at a regional school if the employee or applicant consents to the record check. 37
The Bureau may also provide a criminal history record check of sc hool personnel as defined in 38
G.S. 115C-238.73 by fingerprint card to the board of directors of the regional school from the 39
National Repositories of Criminal Histories, in accordance with G.S. 115C-238.73. The 40
information shall be kept confidential by the board of directors of the regional school as provided 41
in G.S. 115C-238.73. 42
(c) The Bureau may provide a criminal history record check to the chancellor operating 43
a University of North Carolina laboratory school of a person who is employed at a laboratory 44
school or of a person who has applied for employment at a laboratory school if the employee or 45
applicant consents to the record check. The Bureau may also provide a criminal history record 46
check of school personnel, as defined in G.S. 116-239.12, by fingerprint card to the chancellor 47
operating the laboratory school from the National Repositories of Criminal Histories, in 48
accordance with G.S. 116-239.12. The information shall be kept confidential by the chancellor 49
operating the laboratory school as provided in G.S. 116-239.12. 50
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(d) The Bureau may provide a criminal record check to the employer of a person who is 1
employed in a nonpublic school or of a person who has applied for employment in a nonpublic 2
school, if the employee or applicant consents to the record check. For purposes of this subsection, 3
the term nonpublic school is one that is subject to the provisions of Article 39 of Chapter 115C 4
of the General Statutes, but does not include a home school as defined in that Article. 5
(e) The Bureau shall charge a reasonable fee for conducting a criminal record check 6
under this section. The fee shall not exceed the actual cost of locating, editing, researching, and 7
retrieving the information. 8
(f) The Bureau may provide a criminal record check to the schools within the Department 9
of Health and Human Services of a person who is employed, applies for employment, or applies 10
to be selected as a volunteer, if the employee or applicant consents to the record check. The 11
Department of Health and Human Services shall keep all information pursuant to this subsection 12
confidential, as provided in Article 7 of Chapter 126 of the General Statutes. 13
(g) The Bureau shall adopt rules to implement this section." 14
SECTION 2.(l) Section 7.72(c) of S.L. 2021-180 reads as rewritten: 15
"SECTION 7.72.(c) Flexibility for Teachers. – Notwithstanding any other provision of law, 16
in addition to the authority provided to a local board of education to employ adjunct instructors 17
in career and technical education career clusters pursuant to G.S. 115C-157.1, the local school 18
administrative unit shall have the flexibility to contract with individuals who have education and 19
training related to the specific skills and career pathways that are the focus of a signature career 20
academy. Any individual who has direct contact with students pursuant to the authority provided 21
by this subsection shall be subject to a criminal history check to ensure that the person has not 22
been convicted of any crime listed in G.S. 115C-332.G.S. 115C-77." 23
SECTION 2.(m) This section applies to applications for school personnel positions 24
that are received on or after January 1, 2026. 25
26
PART II -A. MODIFY RE PORTING REQUIREMENTS FOR MISCONDUCT BY 27
SCHOOL EMPLOYEES 28
SECTION 2A.(a) G.S. 115C-326.20 reads as rewritten: 29
"§ 115C-326.20. Reporting misconduct of licensed school employees. 30
(a) For the purposes of this section, "misconduct" includes any of the following: 31
(1) Conduct that justifies automatic revocation of a license under 32
G.S. 115C-270.35(b). 33
(2) The infliction of a physical injury against a child other than by accident or in 34
self-defense. 35
(3) The intentional infliction of emotional distress against a child. 36
(b) Any superintendent, assistant superintendent, associate superintendent, personnel 37
administrator, or principal who knows, has reason to believe, or has actual notice of a complaint 38
or criminal allegation that an employee licensed under Article 17E of this Chapter has engaged 39
in misconduct resulting in dismissal, disciplinary action, or resignation dismissal or disciplinary 40
action shall report the misconduct to the State Board of Education within five days of dismissal, 41
determination of disciplinary action, or acceptance of resignation. If the employee resigns within 42
30 days of a complaint for misconduct or during an ongoing investigation of a complaint, the 43
misconduct is presumed to have resulted in the resignation. Failure to report misconduct pursuant 44
to this section is a Class I felony.dismissal or determination of disciplinary action. 45
(b1) Any superintendent, assistant su perintendent, associate superintendent, personnel 46
administrator, or principal who knows, has reason to believe, or has actual notice of a complaint 47
or criminal allegation that an employee licensed under Article 17E of this Chapter has engaged 48
in misconduct resulting in resignation shall report the misconduct to the State Board of Education 49
within five days of (i) acceptance of the resignation or (ii) notice of the complaint or criminal 50
General Assembly Of North Carolina Session 2025
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allegation, whichever is later. The misconduct is presumed to have resulted in the resignation if 1
any of the following apply: 2
(1) The employee resigns within 30 days prior to or following a complaint or 3
criminal allegation of misconduct. 4
(2) The employee resigns during an ongoing investigation of a complaint or 5
criminal allegation. 6
(b2) Failure to report misconduct pursuant to subsection s (b) and (b1) of this section is a 7
Class I felony. 8
(c) School personnel shall not threaten, harass, or retaliate against any other person for 9
making a report as required by this section. 10
(d) Except as provided in subsection (e) of this section, a law enforcement agency shall 11
report alleged misconduct to the superintendent or equivalent authority of a public school unit 12
within 30 days of receipt of a report that an employee of the governing body of the public school 13
unit has engaged in misconduct that meets at least one of the following: 14
(1) The misconduct is alleged to have been committed against a student of the 15
public school unit. 16
(2) The misconduct is alleged to have been committed on the educational 17
property, as defined in G.S. 14-269.2(a), of the public school unit. 18
(e) For any misconduct reported to a law enforcement agency that (i) would be required 19
to be reported to the superintendent or equivalent authority of a public school unit pursuant to 20
subsection (d) of this section and (ii) is alleged to have been committed by the superintendent or 21
equivalent authority of the public school unit, the law enforcement agency shall report the alleged 22
misconduct to the Superintendent of Public Instruction." 23
SECTION 2A.(b) This section becomes effective December 1, 2025, and applies to 24
offenses committed on or after that date. 25
26
PART II -B. STRENGTHE N REPORTING REQUIREM ENTS FOR TH REATS AND 27
ASSAULTS ON TEACHERS 28
SECTION 2B.(a) G.S. 115C-288(g) reads as rewritten: 29
"(g) To Report Certain Acts to Law Enforcement and the Superintendent. – When the 30
principal has personal knowledge or actual notice from school personnel that an act has occurred 31
on school property involving assault resulting in serious personal injury, a threat directed at a 32
teacher, assault, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, 33
assault involving the use of a weapon, possession of a firearm in violation of the law, possession 34
of a weapon in violation of the law, or possession of a controlled substance in violation of the 35
law, the principal shall immediately report the act to the appropriate local law enforcement 36
agency. 37
Notwithstanding any other provision of law, the State Board of Education shall not require 38
the principal to report to law enforcement acts in addition to those required to be reported by law. 39
For purposes of this subsection, "school property" shall include any publ ic school building, 40
bus, public school campus, grounds, recreational area, or athletic field, in the charge of the 41
principal. 42
The principal or the principal's designee shall notify the superintendent or the 43
superintendent's designee in writing or by electr onic mail regarding any report made to law 44
enforcement under this subsection. This notification shall occur by the end of the workday in 45
which the incident occurred when reasonably possible but not later than the end of the following 46
workday. The superintendent shall provide the information to the local board of education. 47
Nothing in this subsection shall be interpreted to interfere with the due process rights of 48
school employees or the privacy rights of students. For a child with a relevant disability, the 49
principal has the discretion to determine whether (i) a threat or (ii) assault that does not result in 50
personal injury is reported to law enforcement. For the purposes of this subsection, a child with 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 775-Sixth Edition
a relevant disability is a child with an individualize d education program, as defined in 1
G.S. 115C-106.3, who is identified as having one or more of the following: 2
(1) Intellectual disability. 3
(2) Serious emotional disturbance. 4
(3) Developmental delay. 5
(4) Autism spectrum disorder. 6
(5) Other health impairment." 7
SECTION 2B.(b) G.S. 115C-289.1(a) reads as rewritten: 8
"(a) When a supervisor of a school employee has actual notice that the school employee 9
has received a threat from a student or has been the victim of an assault by a student in violation 10
of G.S. 14 -33(c)(6) resulting in physical injury, as that term is defined in G.S. 14 -34.7, 11
G.S. 14-33(c)(6), the supervisor shall immediately report to the principal the threat or assault 12
against the school employee. For the purpose of this subsection, the term "supervisor of a school 13
employee" does not include the principal or superintendent." 14
SECTION 2B.(c) G.S. 115C-150.12C(29) reads as rewritten: 15
"(29) Parental notification of certain acts Acts reported to law enforcement. – A 16
board of trustees shall adopt a rule on the notification rules for the following: 17
a. Notification to parents of any students alleged to be victims of any act 18
that is required to be reported to law enforcement and the 19
superintendent under G.S. 115C-288(g). 20
b. Requiring a principal , or equivalent authority , to report acts to law 21
enforcement in accordance with G.S. 115C-288(g). 22
c. Requiring school employee supervisors to report acts to the principal, 23
or equivalent authority, in accordance with G.S. 115C-289.1(a)." 24
SECTION 2B.(d) G.S. 115C-218.75 is amended by adding a new subsection to read: 25
"(p) Acts Reported to Law Enforcement. – A charter school shall require a principal, or 26
equivalent authority, to report acts to law enforcement in accordance with G.S. 115C-288(g) and 27
shall require school employee supervisors to report acts to the principal, or equivalent authority, 28
in accordance with G.S. 115C-289.1(a)." 29
SECTION 2B.(e) G.S. 115C-238.66 is amended by adding a new subdivision to 30
read: 31
"(23) Acts reported to law enforcement. – A regional school shall require a 32
principal, or equivalent authority, to report acts to law enforcement in 33
accordance with G.S. 115C-288(g) and shall require school empl oyee 34
supervisors to report acts to the principal , or equivalent aut hority, in 35
accordance with G.S. 115C-289.1(a)." 36
SECTION 2B.(f) G.S. 116-239.8(b) is amended by adding a new subdivision to 37
read: 38
"(26) A laboratory school shall require a principal, or equivalent authority, to report 39
acts to law enforcement in accordance with G.S. 115C-288(g) and shall 40
require school employee supervisors to report acts to the principal, or 41
equivalent authority, in accordance with G.S. 115C-289.1(a)." 42
SECTION 2B.(g) This section is effective when it becomes law and applies to 43
incidents or reports occurring on or after that date. 44
45
PART III. ALIGN LICE NSURE SYSTEM WITH MU LTISTATE EDUCATOR 46
LOOKUP SYSTEM 47
SECTION 3. The State Board of Education is encouraged to work toward 48
programming the licensure system to align with the Multistate Educator Lookup System 49
established by the National Association of State Directors of Teacher Education and Certification 50
to enable electronic validation of out-of-state credentials and related information. 51
General Assembly Of North Carolina Session 2025
House Bill 775-Sixth Edition Page 11
1
PART IV. EFFECTIVE DATE 2
SECTION 4. Except as otherwise provided, this act is effective when it becomes 3
law. 4