GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2004-180
HOUSE BILL 1464
AN ACT to reduce by five the number of noninstructional teacher workdays; to provide that public schools shall open no sooner than August 25 and close no later than June 10 except in Year-round schools, in schools in any local school administrative unit in a county that have been closed eight days per year during any four of the last ten years because of severe weather conditions, energy shortages, power failures, or other emergency situations, or in certain schools with modified calendars; TO ALLOW THE STATE BOARD OF EDUCATION TO GRANT EXEMPTIONS FROM THE OPENING AND CLOSING DATE REQUIREMENT FOR PURPOSES OF ACCOMMODATING SPECIAL PROGRAMS and schools; to clarify that local boards of education may offer supplemental or additional programs outside of the school calendar; to ensure that teachers are paid in august; to provide that five noninstructional teacher workdays are protected for teachers to complete instructional and classroom administrative duties; to require that at least seven noninstructional days are designated as days on which teachers with accumulated vacation leave may take that leave; to provide that the reduction in teacher workdays does not reduce the annual rate of pay for teachers and other employees; to provide that nothing in this act shall be construed as changing the pay cycle for noncertified employees; to direct the state board of education to study noninstructional teacher workdays; to provide that nothing in this act requires the general assembly to appropriate funds for its implementation or requires local school administrative units to expend additional funds for its implementation; to provide that this act applies to schools beginning with the 2005-2006 school year; TO PROVIDE THAT THE ACT APPLIES IN ALL one hundred COUNTIES AND IN ALL LOCAL SCHOOL ADMINISTRATIVE UNITS; AND TO PROVIDE THAT THE ACT IS EFFECTIVE WHEN IT BECOMES LAW.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-84.2 reads as rewritten:
"§ 115C-84.2. School calendar.
(a) School Calendar. -
Each local board of education shall adopt a school calendar consisting of
215 days all of which shall fall within the fiscal year. A school
calendar shall include the following:
(1) A minimum of 180 days and 1,000 hours of instruction covering at least nine calendar months. The local board shall designate when the 180 instructional days shall occur. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the administrative unit. Local boards may approve school improvement plans that include days with varying amounts of instructional time. If school is closed early due to inclement weather, the day and the scheduled amount of instructional hours may count towards the required minimum to the extent allowed by State Board policy. The school calendar shall include a plan for making up days and instructional hours missed when schools are not opened due to inclement weather.
(1a) (Applies only to
2002-2003 school year - See editor's note.) Notwithstanding
subdivision (1) of this subsection, a local board may decide to make up a
maximum of three instructional days by adding instructional hours to previously
scheduled instructional days. A local board shall make this decision only if
all of the following criteria are met: a. The
days to be made up were missed when schools were unable to be opened due to
unusual and extraordinary inclement weather conditions. b. It
would cause undue hardship to parents, children, and teachers to make up those
days. c. The
school calendar continues to have a minimum of 1,000 instructional hours
covering at least nine months. d. The
additional hours must equal the regularly scheduled number of instructional
hours at each school. If a local board adds
instructional hours to previously scheduled days under this subdivision, the
local school administrative unit is deemed to have a minimum of 180 days of
instruction, teachers employed for a 10-month term are deemed to have been
employed for the days being made up, and all other employees shall be
compensated as if they had worked the days being made up.
(2) A minimum of 10 annual vacation leave days.
(3) The same or an equivalent number of legal holidays occurring within the school calendar as those designated by the State Personnel Commission for State employees.
Eight Five days,
as designated by the local board, for use as teacher workdays, additional
instructional days, or other lawful purposes. A local board may delegate to the
individual schools some or all of the eight days to schedule under subdivision
(5) of this subsection. A local board may schedule different purposes for
different personnel on any given day and is not required to schedule the same
dates for all personnel.workdays. These days shall be protected to allow
teachers to complete instructional and classroom administrative duties. The
local school administrative unit shall not impose any additional tasks on these
days. The local board shall schedule one of these days at the beginning of the
school year and one at the end of each academic quarter.
(5) The remaining days
scheduled by the local board in consultation with each school's
any of the purposes allowed under subdivision (4) of this
subsection. use as teacher workdays, additional instructional days, or
other lawful purposes. Before scheduling these days, the principal consulting
with the local board, each principal shall work with the school improvement
team to determine the days to be scheduled and the purposes for which they
should be scheduled. Days may be scheduled and planned for different purposes
for different personnel and there is no requirement to schedule the same dates
for all personnel. However, if during the last two years the local school
administrative unit has made up an average of at least eight days for school
closing because of inclement weather, the local board may designate up to two
of these days In order to make up days for school closing because of
inclement weather, the local board may designate any of the days in this
subdivision as additional make-up days to be scheduled after the last day
of student attendance.
Local boards and individual schools are encouraged to use the calendar flexibility in order to meet the annual performance standards set by the State Board. Local boards of education shall consult with parents and the employed public school personnel in the development of the school calendar.
and individual schools shall designate
at least seven days scheduled under subdivisions (4) and (5) of this subsection
as days on which teachers may take accumulated vacation leave. Local boards may
designate the remaining days scheduled in subdivisions (4) and (5) of this
subsection as days on which teachers may take accumulated vacation leave, but
local boards shall give teachers at least 14 calendar days' notice before
requiring a teacher to work instead of taking vacation leave on days
scheduled in accordance with subdivision (5) of this subsection. any of
these days. A teacher may elect to waive this notice requirement for one or
more such of these days.
(b) Limitations. - The following limitations apply when developing the school calendar:
(1) The total number of
teacher workdays for teachers employed for a 10 month term shall not exceed
(2) The calendar shall include at least 42 consecutive days when teacher attendance is not required unless: (i) the school is a year-round school; or (ii) the teacher is employed for a term in excess of 10 months. At the request of the local board of education or of the principal of a school, a teacher may elect to work on one of the 42 days when teacher attendance is not required in lieu of another scheduled workday.
(3) School shall not be held on Sundays.
(4) Veterans Day shall be a holiday for all public school personnel and for all students enrolled in the public schools.
(c) Emergency Conditions. - During any period of emergency in any section of the State where emergency conditions make it necessary, the State Board of Education may order general, and if necessary, extended recesses or adjournment of the public schools.
(d) Opening and Closing
Dates. - Local boards of education shall determine the dates of opening and
closing the public schools under subdivision (a)(1) of this section. Except
for year-round schools, the opening date for students shall not be before
August 25, and the closing date for students shall not be after June 10. On a
showing of good cause, the State Board of Education may waive this requirement
to the extent that school calendars are able to provide sufficient days to
accommodate anticipated makeup days due to school closings. A local board
may revise the scheduled closing date if necessary in order to comply with the
minimum requirements for instructional days or instructional time.
opening and closing dates may be fixed for schools in the same administrative
unit. For purposes of this subsection, the term 'good cause' means that
schools in any local school administrative unit in a county have been closed
eight days per year during any four of the last 10 years because of severe
weather conditions, energy shortages, power failures, or other emergency
The State Board also may waive this requirement for an educational purpose. The term 'educational purpose' means a local school administrative unit establishes a need to adopt a different calendar for (i) a specific school to accommodate a special program offered generally to the student body of that school, (ii) a school that primarily serves a special population of students, or (iii) a defined program within a school. The State Board may grant the waiver for an educational purpose for that specific school or defined program to the extent that the State Board finds that the educational purpose is reasonable, the accommodation is necessary to accomplish the educational purpose, and the request is not an attempt to circumvent the opening and closing dates set forth in this subsection. The waiver requests for educational purposes shall not be used to accommodate system-wide class scheduling preferences.
The required opening and closing dates under this subsection shall not apply to any school that a local board designated as having a modified calendar for the 2003-2004 school year or to 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.
(e) Nothing in this section prohibits a local board of education from offering supplemental or additional educational programs or activities outside the calendar adopted under this section."
SECTION 2. G.S. 115C-302.1(b) reads as rewritten:
"(b) Salary Payments. - State-allotted teachers shall be paid for a term of 10 months. State-allotted months of employment for vocational education to local boards shall be used for the employment of teachers of vocational and technical education for a term of employment to be determined by the local boards of education. 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 thereafter.
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
one twenty-second 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
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 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 that 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."
SECTION 3. 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.
SECTION 4. The State Board of Education shall study the scheduling of and purposes of noninstructional teacher workdays. As part of the study, the State Board shall consult with interested stakeholders that include members of local boards of education, school administrators, teachers, parents, and others the State Board considers appropriate. The State Board shall report any findings to the Joint Legislative Education Oversight Committee by December 15, 2004.
SECTION 5. 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.
SECTION 6. This act is effective when it becomes law and applies to school years beginning with the 2005-2006 school year. This act shall apply in all 100 counties and in all local school administrative units.
In the General Assembly read three times and ratified this the 18th day of July, 2004.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives
s/ Michael F. Easley
Approved 1:17 p.m. this 9th day of August, 2004