North Carolina HB 389: Additional Flexibility on Teacher Pay Date.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
H 1
HOUSE BILL 389

Short Title: Additional Flexibility on Teacher Pay Date. (Public)
Sponsors: Representatives Lucas, Glazier, McAllister, Dickson (Primary Sponsors);
Bell, Coates, Culp, Cunningham, Earle, Farmer-Butterfield, Fisher, Haire,
Harrison, Underhill, Wainwright, Wilkins, Womble, Wray, and Yongue.
Referred to: Rules, Calendar, and Operations of the House.
February 28, 2005

A BILL TO BE ENTITLED 1
AN ACT TO GIVE LOCAL BOARDS OF EDUCATION ADDITIONAL 2
FLEXIBILITY IN SETTING THE PAY DATE FOR TEACHERS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 115C-302.1(b) reads as rewritten: 5
"(b) Salary Payments. – State-allotted teachers shall be paid for a term of 10 6
months. State-allotted months of employment for vocational education to local boards 7
shall be used for the employment of teachers of vocational and technical education for a 8
term of employment to be determined by the local boards of education. However, local 9
boards shall not reduce the term of employment for any vocational agriculture teacher 10
personnel position that was 12 calendar months for the 1982-83 school year for any 11
school year thereafter. In addition, local boards shall not reduce the term of employment 12
for any vocational agriculture teacher personnel position that was 12 calendar months 13
for the 2003-2004 school year for any school year thereafter. 14
Each local board of education shall establish a set date on which monthly salary 15
payments to State-allotted teachers shall be made. This set pay date may differ from the 16
end of the month of service. The daily rate of pay for teachers shall equal midway 17
between one twenty-first and one twenty-second of the monthly rate of pay. Except for 18
teachers employed in a year-round school or paid in accordance with a year-round 19
calendar, or both, theThe initial pay date for teachers, except for teachers employed in a 20
year-round school and other teachers paid on a year-round calendar, shall be no later 21
than August 31 and the end of the first month of employment. The initial payment shall 22
include a be a full monthly payment. Subsequent pay dates shall be spaced no more than 23
one month apart and shall include a full monthly payment. 24
Teachers may be prepaid on the monthly pay date for days not yet worked. A teacher 25
who fails to attend scheduled workdays or who has not worked the number of days for 26
which the teacher has been paid and who resigns, is dismissed, or whose contract is not 27

General Assembly of North Carolina Session 2005
Page 2 House Bill 389-First Edition
renewed shall repay to the local board any salary payments received for days not yet 1
worked. A teacher who has been prepaid and continues to be employed by a local board 2
but fails to attend scheduled workdays may be subject to dismissal under G.S. 115C-325 3
or other appropriate discipline. 4
Any individual teacher who is not employed in a year-round school may be paid in 5
12 monthly installments if the teacher so requests on or before the first day of the school 6
year. The request shall be filed in the local school administrative unit which employs 7
the teacher. The payment of the annual salary in 12 installments instead of 10 shall not 8
increase or decrease the teacher's annual salary nor in any other way alter the contract 9
made between the teacher and the local school administrative unit. Teachers employed 10
for a period of less than 10 months shall not receive their salaries in 12 installments. 11
Notwithstanding this subsection, the term "daily rate of pay" for the purpose of 12
G.S. 115C-12(8) or for any other law or policy governing pay or benefits based on the 13
teacher salary schedule shall not exceed one twenty-second of a teacher's monthly rate 14
of pay." 15
SECTION 2. This act becomes effective July 1, 2005. 16