Part 1

Amends GS 115C-218.1(b) to require that initial members of a charter school board of directors consent to a criminal history check as provided in GS 115C-218.4. Amends GS Chapter 115C, Article 14A by enacting a new section, GS 115C-218.4, titled Charter board of directors criminal history checks. Defines criminal history as it is defined in GS 115C-77(a). Defines member as an individual who is a member of the board of directors (BOD) of a nonprofit seeking initial approval to establish a charter school.

Directs that prior to final approval of a charter application being granted, all nonprofit BOD members must pay for and submit to criminal history checks, except that a nonprofit may pay on behalf of a member. Requires the State Bureau of Investigation (SBI) to provide any member’s criminal history from the State and National Repositories of Criminal Histories to the Charter Schools Review Board (Review Board), which must then require the member to be fingerprinted, provide additional information required by the SBI to the Review Board, and sign a form consenting to the check and use of identifying information required by the repositories, including fingerprints. Prohibits the Review Board from issuing a charter to a nonprofit with a member who refuses to consent.

Requires the Review Board to review and determine whether a member’s criminal history (i) constitutes a threat to the physical safety of students or personnel or (ii) indicates that the member does not have the necessary integrity or honesty to serve on the BOD of a charter school. The Review Board must make written findings regarding how it used the information it received to deny an application, if it does so.

Information received and used by the Review Board under this statute is confidential and not a public record and may be destroyed by the Review Board after one calendar year.

Exempts the Review Board and its employees from liability for negligence arising from acts or omissions made in carrying out the duties of this statute; however, that immunity does not extend to gross negligence, wanton conduct, or intentional wrongdoing that is otherwise actionable. Deems immunity under this part waived to the extent of indemnification by insurance or under GS Chapter 143, Articles 31A and 31B, and to the extent sovereign immunity is waived under the Tort Claims Act under GS Chapter 143, Article 31. Makes it a Class A1 misdemeanor for any member to willfully furnish, supply, or otherwise give false information for a criminal history record check under this part.

This part is effective October 1, 2025, and applies to applications for initial charters received on or after that day.

Part 2

Amends GS 115C-270.1 to define applicant as an individual who submits an application for licensure, including initial applications, renewal applications, and applications for reinstatement. Defines criminal history as defined in GS 115C-7(a).

Amends GS 115C-270.5(a) to mandate that the State Board of Education (SBE) require all applicants for licensure in North Carolina be checked for a criminal history, as provided in new GS 115C-270.12 (described further below).

Amends GS 115C-270.10(a) to allow the SBE to include in its schedule of fees costs associated with the criminal history check.

Amends GS Chapter 115C, Article 17E by enacting GS 115C-270.12, titled Licensure criminal history checks.

• Requires first-time applicants under this Article be checked for a criminal history before the SBE may issue a license.
• Allows an applicant to be temporarily employed while the SBE reviews the applicant’s criminal history and makes a decision. 
• Requires an applicant (or a governing body of a public school unit that chooses to) to pay fees associated with the criminal history check under this part.
• Requires the SBI to provide to the SBE the criminal history from the State and National Repositories of Criminal Histories of any applicant, all of whom are required to be fingerprinted; provide additional information required by the SBI to a person designated by the SBE; and sign a form consenting to the check and use of identifying information required by the repositories, including fingerprints. Prohibits the SBE from issuing a license to an applicant who refuses to consent.
• Requires the SBE to review and determine whether an applicant’s criminal history indicates that the applicant (i) constitutes a threat to the physical safety of students or personnel, (ii) does not have the necessary integrity or honesty to fulfill the duties of a professional educator, or (iii) otherwise fails to meet the SBE’s standards and criteria governing professional educator ethics and moral character. The SBE must make written findings regarding how it used the information it received to deny an application, if it does so.
• Authorizes the SBE to provide upon request an applicant’s criminal history to the governing body of a public school unit considering employing the applicant, during the period of licensure.
• Information received and used by the SBE under this part is confidential except where provided and not a public record and may be destroyed by (i) the SBE after the individual’s license has ended or has been renewed or (ii) the governing body of a public school unit after it is used for purposes authorized by this part after one calendar year.
• Exempts the SBE and its employees from liability for negligence arising from acts or omissions made in carrying out the duties of this part; however, that immunity does not extend to gross negligence, wanton conduct, or intentional wrongdoing that is otherwise actionable. Deems immunity under this part waived to the extent of indemnification by insurance or under GS Chapter 143, Articles 31A and 31B, and to the extent sovereign immunity is waived under the Tort Claims Act under GS Chapter 143, Article 31. Makes it a Class A1 misdemeanor for any applicant to willfully furnish, supply, or otherwise give false information for a criminal history record check under this part.

Encourages the SBE to to work toward programming the licensure system to align with the Multistate Educator Lookup System to enable electronic validation of out-of-state credentials and related information.

This part is effective October 1, 2025, and applies to applications for licensure received on or after that day.

Part 3

Establishes Part 7, titled Public School Unit Personnel, in GS Chapter 115C, Article 7B. Recodifies GS 115C-332 into newly established Part 7. Amends GS 115C-77 as described below.

Clarifies that criminal history include crimes under GS Chapter 14, Article 5A, Endangering Executive, Legislative, and Court Officers, and Article 7B, Rape and Other Sex Offenses. Amends the definition of school personnel to include employees of public school units, including part-time employees, and qualifying independent contractors of public school units. Further defines the following terms:

• Consumer reporting agency. – an entity which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers, including criminal history checks, for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports, and which is regulated as provided in 15 U.S.C. § 1681, et seq. A criminal history check by a consumer reporting agency provided for purposes of this section must include a (i) search of the state criminal registry or repository in which the applicant resides; (ii) multistate/multijurisdiction database search, which includes a follow-up search at the originating source for any information returned by the database search and which confirms final disposition information of the same;(iii) search of records obtained from county, state, and federal criminal repositories where the individual resides and has previously resided; and (iv) search of the National Sex Offender Registry established as provided in 42 U.S.C. § 16919.
• Governing body. – The governing body of a public school unit.

Replaces nearly all references to "local boards" with "governing body" throughout.(link is external)

Requires the governing body’s criminal history check policies to require applicants for school personnel employment to submit to criminal history checks by either a consumer reporting agency, the SBI, or both. Allows a governing body to require an applicant to pay for fees associated with a criminal history check under this part.

Makes valid and requires a public governing body of a public school unit to accept a school personnel applicant’s criminal history check in the last three years as part of an application for licensure pursuant to GS 115C-270.12. Allows the governing body to request a copy of the criminal history check from the SBE.

Requires the SBI to provide to a governing body the criminal history for any applicant under this part. A governing body that requires a criminal history check by the SBI must require the applicant to be fingerprinted by and provide additional information as required by the SBI, and to sign a form consenting to the check and use of identifying information required by the repositories, including fingerprints. Prohibits the governing body from employing or contracting with an applicant who refuses to consent. Authorizes a governing body to require an applicant to pay for fingerprinting.

This part is effective January 1, 2026, and applies to applications for employment received on or after that date.

Part 4

Makes conforming changes and repeals to consolidate background check statutes to the following statutes: GS 115C-157.1(b)(2), GS 115C-218.90(b), GS 115C-238.73, GS 115C-298.5(b)(2), GS 115C-332.1, GS 115C-562.5, GS 116-239.12, GS 14-202.4(d)(3), and SL 2021-180.

Part 5

Amends GS 143B-1209.11, titled Criminal record checks of school personnel, as follows.

• Makes conforming changes to subsection (a).
• Enacts new subsection (a1) authorizing the SBI to provide an applicant’s criminal record check to the SBE if the applicant consents to the record check. Further authorizes the SBI to provide a criminal record check as defined in GS 115C-270.1(1a) by fingerprint card to the SBE, in accordance with GS 115C-270.12. Makes confidential information received by the SBE as provided in GS 115C-270.12(e).
• Enacts new subsection (a2) authorizing the SBI to provide a criminal record check to the Review Board of a member of a nonprofit BOD seeking initial approval to establish a charter school, if the member consents to the record check. Further authorizes the SBI to provide a criminal record check as defined in GS 115C-218.4(a)(2) by fingerprint card to the Review Board, in accordance with GS 115C-218.4. Makes confidential information received by the Review Board as provided in GS 115C-218.4(e).
• Authorizes the SBI to charge a fee to offset the cost incurred by the SBI in conducting a criminal record check under the immediately above two provisions; however, the fee must not exceed the actual cost of locating, editing, researching, and retrieving information.

Part 6

Except as otherwise provided, this act is effective when it becomes law.