August 21, 1997
Mr. Jim Deni, Vice-Chair Watauga County Board of Education P.O. Box 1790 Boone, NC
Re: Advisory Opinion; G.S. § 115C-325(a)(6); Eligibility of School Psychologists and Speech Pathologists for Career Status
Dear Mr. Demi:
The eligibility of public school employees for career status is prescribed by G.S. § 115-325(a)(6). That statute, which has not been amended since 1973, establishes three criteria for eligibility for career status. They are (1) that the public school employee hold a current, not provisional or expired, Class A or regular vocational certificate issued by the State Board of Education pursuant to G.S. § 115C-296; (2) that the employee teach, supervise teaching or be classified or paid under the salary schedule for classroom teachers; and (3) that the employee be employed in a full-time, permanent position.
In the years after the 1973 amendment to G.S. § 115C-325(a)(6) questions arose about the eligibility for career status of public school employees serving in student support positions, like school psychologist and speech pathologist. In letters to school officials beginning in 1977, we expressed the opinion that certified school psychologists and speech pathologists employed in full-time, permanent positions were eligible for career status because they were paid as classroom teachers under regulations and salary schedules adopted by the State Board of Education. See May 31, 1977 letter to Theodore R. Drain and February 8, 1980 letter to George Rogister, copies attached. Others reached the same conclusion and school systems for many years have awarded career status to those employees.
Two recent actions by the General Assembly have raised doubts about the continued eligibility for career status of certified school psychologists and speech pathologists employed in full-time, permanent positions. You have requested our opinion about the effect of these actions.
Section 110 of the 1990 Current Appropriations Act, 1989 N.C. Sess. Laws ch. 1066, directed "the State Board of Education [to] use $800,000 for a salary reclassification for school psychologists" and provided that "the starting salary for school psychologists shall be step 5 . . . on the salary schedule for certified personnel of the public school who are classified as G teachers," i.e., teachers holding masters’ degrees. Similarly, Section 28.14(d) of the 1996 Current Appropriations Act, 1996 N.C. Sess Laws ch. 18 (1996 Second Extra Session) provided "speech pathologists who hold masters’ degrees and who are employed in the public schools as speech and language specialists shall be paid on the school psychologist salary schedule."
In our opinion, neither of these acts had the effect, or were intended by the General Assembly to have the effect, of making either school psychologists or speech pathologists ineligible for career status. Properly certified school psychologists and speech pathologists employed in full-time permanent positions remain eligible for career status today just as they were in 1973 when G.S. 115C-325(a)(6) was last amended.
Our opinion is based on the wording of the special provisions of the 1990 and 1996 Current Appropriations Acts and the rules of statutory construction. Under G.S. § 115C-325(a)(6), a properly certified public school employee serving in a full-time, permanent position is eligible for career status if he or she "is paid as a classroom teacher." Prior to 1990 school psychologists were paid on the precise same salary schedule as classroom teachers. Section 110 of the 1990 Current Appropriations Act does not alter that status. It directs that school psychologists shall be paid on the salary schedule for teachers with master’s degrees, albeit at a higher initial salary. Indeed, the General Assembly has never created a separate and distinct salary schedule for school psychologists. All the General Assembly has done is to identify the points on the salary schedules for teachers with masters degrees at which school psychologists will be paid. See 1996 Sess. Laws, ch. 18, § 28.14(b)(2) and (c) (Second Extra Session). The General Assembly’s action with respect to speech pathologists is essentially the same. Like psychologists, they are paid on the salary schedule for teachers with masters degrees, albeit at a higher starting point on the schedule, and no separate schedule was established by the General Assembly for them. Id., sec. (d).
Furthermore, reading Sections 110 of the 1990 Current Appropriations Act and Section 24.18 of the 1996 Current Appropriations Act to encompass an intention by the General Assembly to change the substantive provisions of G.S. 115C-325 (a)(6) would be contrary to the established rules of statutory construction. Except where a contrary intention is clearly evident, the provisions of an appropriations act should not be read to alter existing laws. 82 C.J.S., Statutes, Sec 253. Likewise, except where a contrary intent is evident, newly enacted laws should not be viewed to alter established policies and practices. Porth v. Porth, 3 N.C. App. 485, 493-94, (1969). Reading provisions of appropriation acts plainly intended to reward school psychologists and speech pathologists with salary increase to carry silently with them a legislative decision to strip them of eligibility for career status would violate these rules.
In sum, it is our opinion that properly certified school psychologist and speech pathologists employed in full-time, permanent positions in the public schools are eligible for career status.
Edwin M. Speas, Jr. Senior Deputy Attorney General