NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06C .0604
Plain English summary
This rule establishes the grounds and process by which the State Board of Education may deny a license application or impose disciplinary sanctions on a current licensee following an investigation. Grounds include fraud, criminal conviction, dismissal by a local board, failure to report child abuse, and other professional misconduct. The SBE must weigh factors such as severity of misconduct, impact on students, and evidence of reformed behavior when determining sanctions.
Key requirements
- The State Board of Education may impose disciplinary sanctions or deny a license application if it finds by a preponderance of the evidence that the respondent engaged in fraud, material misrepresentation, or concealment in an application for the license.
- The State Board of Education may impose disciplinary sanctions or deny a license application if the respondent became ineligible for the license due to changes or corrections in the license documentation.
- The State Board of Education may impose disciplinary sanctions or deny a license application if the respondent has been convicted of a crime in any state, federal, or territorial court of the United States, including military tribunals.
- The State Board of Education may impose disciplinary sanctions or deny a license application if the respondent has been dismissed by a local board of education, pursuant to G.S. 115C-325(e)(1) or 115C-325.4, or by the governing body of any other PSU.
- The State Board of Education may impose disciplinary sanctions or deny a license application if the respondent resigned from employment with a PSU without thirty calendar days' notice, except with the prior consent of the local superintendent.
- The State Board of Education may impose disciplinary sanctions or deny a license application if the respondent had a professional educator license or other occupational license revoked or suspended in North Carolina or another state due to a finding of misconduct.
- The State Board of Education may impose disciplinary sanctions or deny a license application if the respondent failed to report suspected child abuse in accordance with G.S. 115C-400 or other suspicion of professional misconduct by a licensed employee in accordance with Rule .0608 of this Section.
- The State Board of Education may impose disciplinary sanctions or deny a license application if the respondent violated the Testing Code of Ethics, codified at 16 NCAC 06D .0311.
- The State Board of Education may impose disciplinary sanctions or deny a license application if the respondent engaged in any other illegal, unethical, or lascivious conduct, or otherwise violated the Standards of Professional Conduct as described in Rule .0602 of this Section.
- When deciding whether to impose disciplinary sanctions or deny an application, the SBE shall consider the existence of a reasonable and adverse relationship between the underlying misconduct and the ability of the respondent to perform professional duties as an educator.
- When deciding whether to impose disciplinary sanctions or deny an application, the SBE shall consider the severity of the misconduct.
- When deciding whether to impose disciplinary sanctions or deny an application, the SBE shall consider the impact of the misconduct on students, other educators, and the school community.
- When deciding whether to impose disciplinary sanctions or deny an application, the SBE shall consider the respondent's degree of culpability in the misconduct.
- When deciding whether to impose disciplinary sanctions or deny an application, the SBE shall consider the degree of remorse exhibited by the respondent for the misconduct.
- When deciding whether to impose disciplinary sanctions or deny an application, the SBE shall consider any evidence of reformed behavior on the part of the respondent.
- When deciding whether to impose disciplinary sanctions or deny an application, the SBE shall consider subsequent incidents of misconduct by the respondent or the probability of future misconduct.
- If the SBE determines that sanctions against a current licensee are warranted, it shall impose sanctions in accordance with Rule .0605 of this Section.
Affected parties
- Licensed educators in North Carolina
- Applicants for educator licenses
- State Board of Education
- Department of Public Instruction
- Local boards of education
- Public school units (PSUs)