A BILL TO BE ENTITLED
AN ACT to clarify the status of teachers participating in foreign exchange programs for purposes of retirement and tenure.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 135‑1(25) reads as rewritten:
"(25)	"Teacher" shall mean any teacher, helping teacher, librarian, principal, supervisor, superintendent of public schools or any full‑time employee, city or county, superintendent of public instruction, or any full‑time employee of Department of Public Instruction, president, dean or teacher, or any full‑time employee in any educational institution supported by and under the control of the State: Provided, that the term "teacher" shall not include any part‑time, temporary, or substitute teacher or employee, and shall not include those participating in an optional retirement program provided for in G.S. 135‑5.1. In all cases of doubt, the Board of Trustees, hereinafter [hereinbefore] defined, shall determine whether any person is a teacher as defined in this Chapter. On and after August 1, 2001, a person who is a nonimmigrant alien and who otherwise meets the requirements of this subdivision shall not be excluded from the definition of "teacher" solely because the person holds a temporary or time‑limited visa. For purposes of Article 1 of this Chapter only, nonimmigrant alien teachers participating in an exchange visitor program administered by the United States Department of State who teach in elementary or secondary public schools shall be considered temporary teachers."
SECTION 2.  G.S. 115C‑325(a) is amended by adding a new subdivision to read:
"(4b)	"Exchange teacher" means a nonimmigrant alien teacher, whether otherwise full-time, part-time, temporary, permanent, or substitute participating in an exchange visitor program administered by the United States Department of State."
SECTION 3.  G.S. 115C‑325(c) is amended by adding a new subdivision as follows:
"(6)	Status of Exchange Teachers. – Notwithstanding any other provision of this Chapter, exchange teachers shall not be eligible to obtain career status. However, except to the extent necessary to give full effect to this subdivision, exchange teachers shall be treated as full-time, permanent teachers for purposes of determining salary and eligibility to receive employment benefits other than retirement, including vacation, personal leave, annual leave, and sick leave."
SECTION 4.  This act becomes effective July 1, 2002.