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. Notwithstanding the foregoing, the term "teacher" shall not include any nonimmigrant alien employed in elementary or secondary public schools (whether employed in a full-time, part-time, temporary, permanent, or substitute teacher position) and participating in an exchange visitor program designated by the United States Department of State pursuant to 22 C.F.R. Part 62."
SECTION 2.  G.S. 115C‑325(a) is amended by adding a new subdivision to read:
"(4b)	"Exchange teacher" means a nonimmigrant alien teacher participating in an exchange visitor program designated by the United States Department of State pursuant to 22 C.F.R. Part 62."
SECTION 3.  G.S. 115C‑325(c) is amended by adding a new subdivision to read:
"(6)	Status of Exchange Teachers. – Exchange teachers shall not be eligible to obtain career status. However, for purposes of determining eligibility to receive employment benefits under this Chapter, including personal leave, annual vacation leave, and sick leave, an exchange teacher shall be considered a permanent teacher if employed with the expectation of at least six full consecutive monthly pay periods of employment and if employed at least 20 hours per week."

SECTION 4.  This act becomes effective July 1, 2002.
In the General Assembly read three times and ratified this the 28th day of August, 2002.

	s/	 Marc Basnight
	 President Pro Tempore of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 4:56 p.m. this 6th day of September, 2002