North Carolina HB 775: Criminal History Checks for School Positions.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 6
HOUSE BILL 775
Committee Substitute Favorable 6/10/25
Committee Substitute #2 Favorable 6/17/25
Committee Substitute #3 Favorable 6/24/25
Committee Substitute #4 Favorable 9/23/25
Sixth Edition Engrossed 9/23/25

Short Title: Criminal History Checks for School Positions. (Public)
Sponsors:
Referred to:
April 7, 2025
*H775-v-6*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE CRIMINAL HISTORY CHECKS FOR THE INITIAL MEMBERS OF 2
A CHARTER SCHOOL BOARD OF DIRECTORS AND APPLICANTS FOR 3
EMPLOYMENT WITH A PUBLIC SCHOOL UNIT; TO MODIFY REPORTING 4
REQUIREMENTS FOR MISCONDUCT BY SCHOOL EMPLOYEES; TO 5
STRENGTHEN REPORTING REQUIREMENTS FOR THREATS AND ASSAULTS ON 6
TEACHERS; AND TO ENCOURAGE THE STATE BOARD OF EDUCATION TO 7
ALIGN ITS LICENSURE SYSTEM WITH THE MULTISTATE EDUCATOR LOOKUP 8
SYSTEM. 9
The General Assembly of North Carolina enacts: 10
11
PART I. REQUIRE CRIMINAL HISTORY CHECKS FOR THE INITIAL MEMBERS 12
OF A CHARTER SCHOOL BOARD OF DIRECTORS 13
SECTION 1.(a) G.S. 115C-218.1(b)(3) reads as rewritten: 14
"(3) The governance structure of the school including the names of the initial 15
members of the board of directors of the nonprofit, tax-exempt corporation 16
and the process to be followed by the school to ensure parental involvement. 17
The initial members of the board of directors shall consent to a criminal 18
history check as provided in G.S. 115C-218.4. A teacher employed by the 19
board of directors to teach in the charter school may serve as a nonvoting 20
member of the board of directors for the charter school." 21
SECTION 1.(b) Article 14A of Chapter 115C of the General Statutes is amended by 22
adding a new section to read: 23
"§ 115C-218.4. Charter board of directors criminal history checks. 24
(a) The following definitions apply in this section: 25
(1) Consumer reporting agency. – As defined in G.S. 115C-77(a). 26
(2) Criminal history. – As defined in G.S. 115C-77(a). 27
(3) Member. – An individual who is a member of the board of directors of a 28
nonprofit corporation seeking initial approval to establish a charter school. 29
(b) The Review Board shall require all members of the board of directors of a nonprofit 30
corporation to be checked for a criminal history by either a consumer reporting agency, the State 31
Bureau of Investigation, or both, before granting final approval of a charter application. The 32

General Assembly Of North Carolina Session 2025
Page 2 House Bill 775-Sixth Edition
Review Board shall require a member to pay for the criminal history check authorized under this 1
subsection, but the nonprofit corporation may pay for the criminal history check on behalf of the 2
member. The Review Board shall not issue a charter to a nonprofit with a member who refuses 3
to consent to a criminal history check. 4
(c) If the Review Board requires a criminal history check by the State Bureau of 5
Investigation, all of the following apply: 6
(1) The State Bureau of Investigation shall provide to the Review Board the 7
criminal history from the State and National Repositories of Criminal 8
Histories of any member. 9
(2) The Review Board shall require the member to (i) be fingerprinted and to 10
provide any additional information required by the State Bureau of 11
Investigation to a person designated by the Review Board and (ii) sign a form 12
consenting to the check of the criminal record and to the use of fingerprints 13
and other identifying information required by the repositories. 14
(d) The Review Board shall review the criminal history it receives on a member and shall 15
determine whether the results of the review indicate that the member (i) poses a threat to the 16
physical safety of students or personnel or (ii) has demonstrated that he or she does not have the 17
integrity or honesty to fulfill his or her duties as a member of the board of directors of a charter 18
school. If the Review Board denies an application for a charter based on its review of the criminal 19
history it receives on a member, the Review Board shall make written findings with regard to 20
how it used the information when denying the application. 21
(e) All of the information received by the Review Board through the checking of the 22
criminal history in accordance with this section is privileged information and is not a public 23
record but is for the exclusive and confidential use of the Review Board. The Review Board may 24
destroy the information after it is used for the purposes authorized by this section after one 25
calendar year. 26
(f) There shall be no liability for negligence on the part of the Review Board, or its 27
employees, arising from any act taken or omission by any of them in carrying out the provisions 28
of this section. The immunity established by this subsection shall not extend to gross negligence, 29
wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity 30
established by this subsection shall be de