GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

SESSION LAW 2004-81

HOUSE BILL 1478

AN ACT to make a technical correction to the law clarifying the status of teachers participating in foreign exchange programs for purposes of retirement and tenure.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 135‑1(25) reads as rewritten:

"(25)   "Teacher" shall mean any teacher, helping teacher, classroom teacher in a job‑sharing position as defined in G.S. 115C‑302.2(b) except for a beneficiary in that position, librarian, principal, supervisor, superintendent of public schools or any full‑time employee, city or county, superintendent of public instruction, or any full‑time employee of Department of Public Instruction, president, dean or teacher, or any full‑time employee in any educational institution supported by and under the control of the State: Provided, that the term "teacher" shall not include any part‑time, temporary, or substitute teacher or employee except for a classroom teacher in a job‑sharing position, and shall not include those participating in an optional retirement program provided for in G.S. 135‑5.1 or G.S. 135‑5.4. In all cases of doubt, the Board of Trustees, hereinbefore defined, shall determine whether any person is a teacher as defined in this Chapter. On and after August 1, 2001, a person who is a nonimmigrant alien and who otherwise meets the requirements of this subdivision shall not be excluded from the definition of "teacher" solely because the person holds a temporary or time‑limited visa. Notwithstanding the foregoing, the term "teacher" shall not include any nonimmigrant alien employed in elementary or secondary public schools (whether employed in a full‑time, part‑time, temporary, permanent, or substitute teacher position) and participating in an exchange visitor program designated by the United States Department of State pursuant to 22 C.F.R. Part 62. 62 or by the United States Department of Homeland Security pursuant to 8 C.F.R. Part 214.2(q)."

SECTION 2.  G.S. 115C‑325(a)(4b) reads as rewritten:

"(4b)    "Exchange teacher" means a nonimmigrant alien teacher participating in an exchange visitor program designated by the United States Department of State pursuant to 22 C.F.R. Part 62. 62 or by the United States Department of Homeland Security pursuant to 8 C.F.R. Part 214.2(q)."

SECTION 3.  This act becomes effective July 1, 2004.

In the General Assembly read three times and ratified this the 1^st day of July, 2004.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 4:12 p.m. this 8^th day of July, 2004