Rulemaking Information

In compliance with Chapter 115C, Article 2A of the North Carolina General Statutes, the State Board of Education (“SBE”) hereby gives notice of its intent to exercise its rule-making authority to take the following actions under temporary rulemaking procedures:

Adopt:            16 NCAC 06E .0201 (Definitions)
                        16 NCAC 06E .0208 (Amateur Rules)
                        16 NCAC 06E .0211 (Name, Image, and Likeness)

The text of the proposed rule changes can be found here. The anticipated effective date of the proposed rule is February 1, 2025.

Reason for Proposed Action
On October 3, 2023, the General Assembly enacted S.L. 2023-133, which required the State Board of Education to adopt new rules governing interscholastic athletics conducted by public school units. Among the rules the SBE was required to adopt were rules “related to the use of a student’s name, image, and likeness,” more commonly known as NIL. In compliance with that legislation, the SBE adopted a temporary rule, codified 16 NCAC 06E .0208(a), that prohibited students-athletes from entering NIL deals for the 2024-2025 school year. The Rules Review Commission approved the rule on March 27, 2024, and the rule took effect on July 1, 2024.

On October 14, 2024, Wake County Superior Court Judge Graham Shirley issued preliminary injunction that prohibited the SBE from enforcing the temporary rule. The injunction also directed the SBE to enforce the proposed permanent rule that the SBE had considered and submitted for public comment at its meeting on September 5, 2024. The court order is in effect until such time as a new temporary or permanent rule can be adopted.

In accordance with the authority granted by Judge Shirley’s order, the SBE is proposing three temporary rules. Proposed Rule .0211 establishes the various restrictions and reporting requirements for NIL agreements, consistent with the permanent rule that was formally proposed on September 5, 2024. Proposed Rule .0201 will replace the existing temporary rule of the same citation; it is identical to the existing temporary rule but adds a definition for “immediate family member,” which is used repeatedly in Proposed Rule .0211. Proposed Rule .0208 will replace the existing temporary rule of the same citation; it removes the language prohibiting NIL agreements but adding language stating that a student-athlete who enters an NIL deal will lose eligibility of the student-athlete fails to abide by Proposed Rule .0211.

Please note that this proposed rule and public comment period is independent of the ongoing public comment period for the comprehensive set of permanent rules on interscholastic athletics that the SBE proposed on September 6, 2024. That process is ongoing and the SBE is expected to adopt those rules at its meeting on January 9, 2025, effective with the start of the 2025-2026 school year.

Public Comment
The SBE will hold a public hearing on this proposed rule via WebEx on December 6, 2024, at 9:00 AM. Members of the public may access the public hearing using the information at the bottom of this notice.

The SBE will also accept written comments via mail and email until December 10, 2024. Written comments may be submitted to:

Ryan M. Collins
Office of General Counsel
State Board of Education
6302 Mail Service Center
Raleigh, NC 27699-6302
ryan.collins@dpi.nc.gov

Public Hearing WebEx Information

Public Hearing on Proposed Rule
16 NCAC 06D .0211 (Name, Image, and Likeness)

https://ncgov.webex.com/ncgov/j.php?MTID=m9f5a8edc2dcf0d0179e4d270f219d4f2
Friday, December 6, 2024 | 9:00 AM | (UTC-05:00) Eastern Time (US & Canada)
Meeting number: 2429 622 0204
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In compliance with Chapter 115C, Article 2A of the North Carolina General Statutes, the State Board of Education (“SBE”) hereby gives notice of its intent to exercise its rule-making authority to take the following actions:

Adopt:
16 NCAC 06E .0201 (Definitions)
16 NCAC 06E .0205 (Student Health and Safety)
16 NCAC 06E .0207 (Student Participation Rules)
16 NCAC 06E .0208 (Amateur Rules)
16 NCAC 06E .0209 (Penalty Rules)
16 NCAC 06E .0210 (Limitations on Recruiting and Undue Influence)
16 NCAC 06E .0211 (Name, Image, and Likeness)
16 NCAC 06E .0215 (Appeals)

Amend:
16 NCAC 06E .0204 (Administration of Interscholastic Athletics)
16 NCAC 06E .0206 (Athletic Trainers)

The text of the proposed rules can be found here. A copy of the fiscal and regulatory analysis required by G.S. 150B-21.4. The anticipated effective date of the proposed rule changes is July 1, 2025.

Reason for Proposed Action 
On October 3, 2023, the General Assembly enacted Session Law 2023-133, which required the State Board of Education to adopt new rules governing interscholastic athletic activities conducted by public schools. These rules addressed a variety of topics related to athletics, including administration of interscholastic athletics by administering organizations like the NCHSAA and CAA4SC, student health and safety, student participation (eligibility) requirements, amateur rules, penalties, limitations on recruiting and undue influence, and appealing decisions related to the enforcement of these rules to an independent appeals board appointed by the Superintendent of Public Instruction.

In compliance with that legislation, the SBE adopted temporary rules for the 2024-2025 school year, codified in Title 16, Subchapter 06E, Section .0200 of the North Carolina Administrative Code. The SBE is now proposing permanent rules to replace the temporary rules, which will apply beginning with the 2025-2026 school year. The proposed permanent rules include amendments to two existing rules and the adoption of eight new rules. In addition to the subject matter covered by the temporary rules, the proposed permanent rules also include regulations related to Name, Image, and Likeness (“NIL”).

Public Comment 
The SBE will hold a public hearing on this proposed rule via WebEx on November 8, 2024, at 10:00 AM. Members of the public may access the public hearing using the information at the bottom of this notice. The hearing will last no longer than two hours, but the SBE may conclude the hearing sooner if the speakers list is exhausted and members of the public have spoken for at least 30 minutes.

The SBE will also accept written comments via mail and email until December 6, 2024.

Written comments may be submitted to:

Ryan M. Collins
Office of General Counsel
State Board of Education
6302 Mail Service Center
Raleigh, NC 27699-6302
ryan.collins@dpi.nc.gov

Public Hearing WebEx Information

Public Hearing on Proposed Rules
16 NCAC 06E .0200 (Interscholastic Athletics)
https://ncgov.webex.com/ncgov/j.php?MTID=ma19c71472de33ac8cec17bf2559eb11d
Friday, November 8, 2024 10:00 AM | (UTC-04:00) Eastern Time (US & Canada)
Meeting number: 2431 616 8896
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In compliance with Chapter 115C, Article 2A of the North Carolina General Statutes, the State Board of Education (“SBE”) hereby gives notice of its intent to exercise its rule-making authority to take the following actions:

Reason for Proposed Action 
Session Law 2023-128, effective December 1, 2023, expanded the applicability of the criminal statute related to indecent liberties with a student and increases penalties on school personnel who fail to report certain misconduct by educators. The legislation also gave the State Board of Education authority to adopt rules to implement the requirements of the legislation, to address disciplinary action against professional educator licenses, and to modify the Standards of Professional Conduct.

The SBE adopted temporary rule changes in March 2024. These rules include the Standards of Professional Conduct for licensed professional educators and govern the process for denying an application for a professional educator license or taking disciplinary action against an existing license. The amendments to 16 NCAC 06C .0602 took effect June 6, 2024, and all other changes took effect April 6, 2024.

The SBE has now proposed permanent rules to replace the temporary rules. Rules 16 NCAC 06C .0601 and 06C .0602 are proposed for readoption with substantive changes consistent with the periodic review process required by the North Carolina Administrative Procedure Act. See G.S. 150B-21.3A. Rules 16 NCAC 06C .0603, 06C .0604, 06C .0605, 06C .0606, 06C .0607, and 06C. 0608 are proposed for adoption as new permanent rules. Rules 16 NCAC 06C .0372, 06C .0373, 06C .0374, 06C .0375, and 06C .0376 are proposed for permanent repeal.

Public Comment

The SBE will hold a public hearing on this proposed rule via WebEx on November 8, 2024, at 9:00 AM. Members of the public may access the public hearing using the information at the bottom of this notice.

The SBE will also accept written comments via mail and email until December 6, 2024.

Written comments may be submitted to:

Ryan M. Collins 
Office of General Counsel 
State Board of Education 
6302 Mail Service Center 
Raleigh, NC 27699-6302 
ryan.collins@dpi.nc.gov

Public Hearing WebEx Information

Public Hearing on Proposed Rules 
16 NCAC 06C .0600 (Standards of Professional Conduct and Educator Discipline)

https://ncgov.webex.com/ncgov/j.php?MTID=m15fc1e5960476ca40981243512e1a5a8 
Friday, November 8, 2024 9:00 AM | (UTC-04:00) Eastern Time (US & Canada) 
Meeting number: 2432 671 0534 
Password: qfNkF2GTi22

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In compliance with Chapter 115C, Article 2A of the North Carolina General Statutes, the State Board of Education (“SBE”) hereby gives notice of its intent to exercise its rule-making authority to take the following actions:

Adopt: 16 NCAC 06G .0701 (Parental Concern Hearings)

Members of the public are invited to review the text of the proposed rule and the fiscal and regulatory analysis required by G.S. 150B-21.4. The anticipated effective date of the proposed rule is January 1, 2024.

Reason for Proposed Action 
G.S. 116C-76.60, as enacted by S.L. 2023-106, provides parents of children in North Carolina public schools the ability to request a parental concern hearing before the State Board of Education (“SBE”) regarding the procedures or practices of a public school unit under Chapter 115C, Article 7B, Part 4 of the General Statutes. The provision also directs the SBE to establish rules for these hearings. The SBE adopted a temporary rule, effective February 8, 2024. There are no substantive differences between the temporary rule and the proposed permanent rule.

Public Comment
The SBE will hold a public hearing on this proposed rule via WebEx on September 6, 2024. Members of the public may access the public hearing using the information at the bottom of this notice.

The SBE will also accept written comments via mail and email until October 15, 2024. Written comments may be submitted to:

Ryan M. Collins
Office of General Counsel
State Board of Education
6302 Mail Service Center 
Raleigh, NC 27699-6302
ryan.collins@dpi.nc.gov

Public Hearing WebEx Information

Public Hearing on Proposed SBE Rules

https://ncgov.webex.com/ncgov/j.php?MTID=m310b78e5c3e1b223788859916edef744 
Friday, September 6, 2024
9:00 AM | (UTC-04:00) Eastern Time (US & Canada)
Meeting number: 2432 028 2325
Password: kVYh5PPQR42
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In compliance with Chapter 115C, Article 2A of the North Carolina General Statutes, the State Board of Education (“SBE”) hereby gives notice of its intent to exercise its rule-making authority to take the following actions:

Adopt:           16 NCAC 06A .0201 (Definitions)
                        16 NCAC 06A .0202 (Administrative Office and Contact Information)
                        16 NCAC 06D .0510 (Three-Year Graduation)

Amend:          16 NCAC 06D .0508 (North Carolina Read-to-Achieve Program)

Re-Adopt:     16 NCAC 06D .0501 (Definitions)
                        16 NCAC 06D .0503 (State Graduation Requirements)
                        16 NCAC 06D .0506 (Students with Disabilities)

Members of the public are invited to review the text of the proposed rules. The anticipated effective date of the proposed rule changes is January 1, 2025.

Reason for Proposed Action
Title 16, Subchapter 6D, Section .0500 of the North Carolina Administrative Code covers several rules related to grade promotion and high school graduation requirements for North Carolina public schools. Rules 16 NCAC 06D .0501, .0503, and .0503 are part of the SBE periodic review schedule and must be re-adopted by June 30, 2026, in accordance with G.S. 150B-21.3A. Rules 16 NCAC 06D .0503 and .0506 which list the state high school graduation requirements for traditional students and special education students, respectively, have not been revised since 2006. The proposed amendments are intended to align the rule with current SBE Policy GRAD-004. They DO NOT represent substantive changes from the existing state graduation requirements reflected in State Board policy.

Session Law 2023-134, Sections 8A.6.(k)–(r), required the SBE to establish a set of graduation requirements that allow students enrolled in North Carolina public high schools to graduate within 3 years of enrollment in 9th Grade. Sections 8A.6.(k) also amended G.S. 115C-12(9d) to prohibit local boards of education from establishing additional requirements beyond those established by the State Board. The SBE adopted a temporary rule on this matter, effective February 8, 2024. The proposed permanent rule does not differ in any substantive way from the temporary rule.

Finally, the SBE is proposing two operational rules designed to increase clarity and streamline other SBE rules within the North Carolina Administrative Code. 16 NCAC 06A .0201 is a master definitions rule that defines commonly used terms like “local superintendent” and “public school unit.” 16 NCAC 06A .0201 identifies the physical location and mailing address for the SBE and DPI. These rules are being included with the graduation and promotion rules for administrative convenience.

            
Public Comment
The SBE will hold a public hearing on this proposed rule via WebEx on September 6, 2024. Members of the public may access the public hearing using the information at the bottom of this notice.

The SBE will also accept written comments via mail and email until October 15, 2024. Written comments may be submitted to:

Ryan M. Collins
Office of General Counsel
State Board of Education
6302 Mail Service Center 
Raleigh, NC 27699-6302
ryan.collins@dpi.nc.gov

Public Hearing WebEx Information

Public Hearing on Proposed SBE Rules

https://ncgov.webex.com/ncgov/j.php?MTID=m310b78e5c3e1b223788859916edef744 
Friday, September 6, 2024
9:00 AM | (UTC-04:00) Eastern Time (US & Canada)
Meeting number: 2432 028 2325
Password: kVYh5PPQR42
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16 NCAC 06D .0500 (Promotion and Graduation)

In compliance with Section 150B-21.1 of the North Carolina General Statutes, the State Board of Education (“SBE”) hereby gives notice of its intent to take the following actions:

Adopt: 16 NCAC 06G .0317 (School Reform Models)

Amend:

• 16 NCAC 06G .0304 (School Improvement Plan Dispute Resolution Process)
• 16 NCAC 06G .0307 (Local Board Cooperation with Assistance Teams)
• 16 NCAC 06G .0308 (Due Process Protections for Employees of Low Performing Schools)
• 16 NCAC 06G .0309 (Suspension of Powers and Duties of School Boards)

The text of the proposed rules for adoption and amendment.

The anticipated effective date of the proposed rule changes is October 1, 2024, subject to the timeline set forth in N.C.G.S. § 150B-21.3.

The SBE will hold a public hearing on this proposed rule via WebEx on June 21, 2024, at 10:00 a.m. Members of the public may access the public hearing using the information at the bottom of this notice.

The SBE will also accept written comments via mail and email until August 2, 2024. Written comments may be submitted to:

Thomas J. Ziko
Office of General Counsel
State Board of Education
6302 Mail Service Center
Raleigh, NC 27699-6302 
thomas.ziko@dpi.nc.gov

For additional information, please contact:

Ryan Collins 
ryan.collins@dpi.nc.gov

Public Hearing WebEx Information

https://ncgov.webex.com/ncgov/j.php?MTID=m90044046019f82e3b03a87dd819e3248
Friday, June 21, 2024 10:00 AM | (UTC-04:00) Eastern Time (US & Canada)
Meeting number: 2421 170 3044
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In compliance with Section 150B-21.1 of the North Carolina General Statutes, the State Board of Education (“SBE”) hereby gives notice of its intent to take the following actions:

Adopt: 16 NCAC 06C .0408 (Parental Leave)

The text of the proposed rules for adoption and readoption. 

A copy of the fiscal and regulatory analysis required by G.S. 150B-21.4 .

The anticipated effective date of the proposed rule changes is October 1, 2024.

The SBE will hold a public hearing on this proposed rule via WebEx on Friday, June 21, 2024, at 9:00 AM. Members of the public may access the public hearing using the information at the bottom of this notice.

The SBE will also accept written comments via mail and email until August 2, 2024. Written comments may be submitted to:

Ryan M. Collins
Office of General Counsel
State Board of Education
6302 Mail Service Center
Raleigh, NC 27699-6302 
ryan.collins@dpi.nc.gov

For additional information, please contact:

Thomas J. Ziko
thomas.ziko@dpi.nc.gov

Public Hearing WebEx Information

https://ncgov.webex.com/ncgov/j.php?MTID=m1e458fd841cb0f2f68e1a9e7af9aa4b0

Friday, June 21, 2024 | 9:00 AM | (UTC-04:00) Eastern Time (US & Canada)
Meeting number: 2432 069 7128
Password: VCrmZyaz532

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In compliance with Section 150B-21.2 of the North Carolina General Statutes, the State Board of Education (“SBE”) hereby gives notice of its intent to repeal the following subchapters of Title 16, Chapter 6 of the North Carolina Administrative Code:

Subchapter I (The Governor Morehead School)
Subchapter J (North Carolina Schools for the Deaf)
Subchapter K (Education Services for the Deaf and Blind)

This action is being taken pursuant to a recent legislative enactment by the North Carolina General Assembly, Session Law 2023-10. The anticipated effective date of the proposed repeal is August 1, 2024.

The SBE will hold a public hearing on this proposed rule via WebEx on May 31, 2024, at 10:00 a.m. Members of the public may access the public hearing using the information at the bottom of this notice.

The SBE will also accept written comments via mail and email until May 31, 2024. Written comments may be submitted to:

Ryan M. Collins
Office of General Counsel
State Board of Education
6302 Mail Service Center 
Raleigh, NC 27699-6302
ryan.collins@dpi.nc.gov

For additional information, please contact:

Denyse Brewington
denyse.brewington@dpi.nc.gov

Public Hearing WebEx Information

https://ncgov.webex.com/ncgov/j.php?MTID=m0555f8add3f39a48ca7e33233297212d

Friday, May 31, 2024 | 10:00 AM | (UTC-05:00) Eastern Time (US & Canada)
Meeting number: 2427 218 0524
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