H806: Public School Operational Relief. Latest Version

Session: 2025 - 2026

House
Passed 1st Reading


AN ACT to remove class size requirements and to require fifty percent of teachers in a public school to have a license.



The General Assembly of North Carolina enacts:



SECTION 1.(a)  G.S. 115C‑47(10), 115C‑105.26(b)(1), 115C‑234.5(e), 115C‑301(c), 115C‑301(c1), 115C‑301(g), and 115C‑310.7(a) are repealed.



SECTION 1.(b)  G.S. 115C‑81.5(b)(8) reads as rewritten:



(8)      Class size recommendations and requirements.recommendations.



SECTION 1.(c)  G.S. 115C‑105.37A(b) reads as rewritten:



(b)      Assistance to Schools That Are Low Performing for Two Years. – If a school that has received State‑mandated assistance is designated by the State Board as low performing for two consecutive years or for two of three consecutive years, the State Board shall provide a series of progressive assistance and intervention strategies to that school. These strategies shall be designed to improve student achievement and to maintain student achievement at appropriate levels and may include, to the extent that funds are available for this purpose, assistance such as reductions in class size, extension of teacher and assistant principal contracts, extension of the instructional year, and grant‑based assistance.



SECTION 1.(d)  G.S. 115C‑276(k) reads as rewritten:



(k)      To Submit Organization Reports and Other Information to the State Board. – Each year the superintendent of each local school administrative unit shall submit to the State Board of Education statistical reports, certified by the chairman of the board of education, showing the organization of the schools in his or her unit and any additional information the State Board may require. At the end of the second month of school each year, local boards of education, through the superintendent, shall report school organization, employees' duties, and class sizes to the State Board. As of February 1 each year, local boards of education, through the superintendent, shall report all exceptions to individual class size maximums in kindergarten through third grade that occur at that time.



SECTION 1.(e)  G.S. 115C‑301(f) reads as rewritten:



(f)       Biannual Reports. – At the end of October and end of February of each school year, each local board of education, through the superintendent, shall file a report, based on information provided by the principal, for each school within the local school administrative unit with the Superintendent of Public Instruction. The report shall be filed in a format prescribed by the Superintendent of Public Instruction and shall include the organization for each school in the local school administrative unit, including the following information:



(1)        For each class in each grade level at each school, the following:



a.         The duties of the teacher.



b.         The source of funds used to pay for the teacher.



c.         The number of students assigned to the class, including all exceptions to individual class size maximums in kindergarten through third grade that exist at that time.class.



(2)        For each school, the following:



a.         The number of program enhancement teachers.



b.         The source of funds used to pay each program enhancement teacher.



(3)        The average class size for each grade from kindergarten through third grade in the local school administrative unit.



(4)        Any other information the Superintendent of Public Instruction may require.



The Superintendent of Public Instruction shall conduct periodic audits of the information reported by the local superintendent under this subsection to confirm the accuracy of reporting at the local school administrative unit and school level of the average and individual class size for students in kindergarten through third grade. If the Superintendent of Public Instruction finds that a local board of education is exceeding class size requirements without application to the State Board for an allotment adjustment or a waiver of those class size requirements, the State Board may impose the penalty set forth in subsection (j) of this section until such time the local board of education receives a waiver or the schools in the unit meet the class size requirements for kindergarten through third grade.unit.



SECTION 2.(a)  G.S. 115C‑295 reads as rewritten:



§ 115C‑295.  Minimum age and license prerequisites.



(a)        All teachers employed in the public schools of the State or in schools receiving public funds, shall be required either to hold or be qualified to hold a license in compliance with the provision of the law or in accordance with the regulations of the State Board of Education: Provided, that nothing herein shall prevent the employment of temporary personnel under such rules as the State Board of Education may prescribe: Provided further, that no No person shall be employed to teach who is under 18 years of age.



(b)        It shall be unlawful for any board of education to employ or keep in service any teacher who neither holds nor is qualified to hold a license in compliance with the provision of the law or in accordance with the regulations of the State Board of Education.



(c)        This section shall not prohibit the employment of individuals exempted from licensure under G.S. 115C‑270.21.



SECTION 2.(b)  Article 20 of Chapter 115C of the General Statutes is amended by adding a new section to read:



§ 115C‑295.4.  Required teacher license quota.



(a)        A local board of education may employ and contract with necessary teachers to perform the particular service for which they are employed in the school, except for those teachers employed pursuant to G.S. 115C‑325. At least fifty percent (50%) of the teachers in a school shall hold teacher licenses. All teachers who are teaching in the core subject areas of mathematics, science, social studies, and language arts shall be college graduates.



(b)        All teachers hired by a local board of education who are not licensed as a teacher by the State shall complete preservice training, which may be offered through an educator preparation program or by a local school administrative unit, in all of the following areas prior to beginning instruction:



(1)        The identification and education of children with disabilities.



(2)        Positive management of student behavior.



(3)        Effective communication for defusing and de‑escalating disruptive or dangerous behavior.



(4)        Safe and appropriate use of seclusion and restraint.



SECTION 3.  This act is effective when it becomes law and applies beginning with the 2025‑2026 school year.