January 10, 1996
Thomas Lambeth Chairman, Teaching Fellows Commission Suite 210 3739 National Drive Raleigh, NC 27612
Re: Advisory Opinion; Teaching Fellows Commission; Repayment through Service; G.S. 115C-363.23A(e)
Dear Mr. Lambeth:
By letter dated January 5, 1996 the Teaching Fellows Commission asked for our advice regarding two questions. The facts pertinent to these questions are as follows:
- (1)
- In 1987 the Commission awarded a loan to an individual who graduated four and one-half (41/2) years later in December 1991.
- (2)
- From late January 1992 until the end of the 1991-92 school year, this person was employed as a teacher by the Pitt County School Board. This was a full-time position and the actual period of employment was four (4) months and twenty-eight (28) days.
- (3)
- For the 1992-93, 1993-94 and 1994-95 school years, this person was employed as a full-time teacher by the Moore County School Board.
- (4)
- This person left the Moore County School Board at the end of the 1994-95 school year and was employed by the Granville County School Board as an assistant principal for the 1995-96 school year. This is a full-time administrative position and does not involve any teaching responsibilities.
G.S. 115C-363.23A(e) authorizes students awarded loans by the Commission to repay their loans through service. It states in pertinent part: "The Commission shall forgive the loan if, within seven years after graduation, the recipient teaches for four years at a North Carolina public school." (emphasis added) The word "teaches" is not defined further in the act creating the Commission. The Commission, however, has consistently applied and defined that term to permit repayment of loans through service only as a classroom teacher or in certain specific student support positions such as counselor, and has never applied or defined that term to permit repayment of loans through service in administrative positions such as assistant principal or principal. The individual in question has requested the Commission to count his service as an assistant principal for purposes of repayment of his loan through service, and you have asked for our advice in considering his request.
The absence of a specific definition of the term "teaches" in G.S. 115C-363.23A plainly indicates a decision by the legislature to leave to the Commission’s discretion the types of service in public schools that qualify as teaching and, thus, that should be counted toward repayment through service. The Commission, in effect, has determined that repayment through service should be in the form of direct service to students, either in the classroom or in positions providing direct support to students, and not through service in administrative positions, such as assistant principals. In our opinion, the Commission’s decision is sound, logical, and entirely within the
scope of the discretion conferred on the Commission by the General Assembly. While we believe
that the Commission has the authority to expand its definition of teaching to include service as an
assistant principal, or other administrative positions, nothing in the statutes compels the
Commission to take that step, and the decision to take or not take that step is within the
Commission’s discretion.
In the event that the Commission chooses not to recognize service as an assistant principal, the
person in question has asked the Commission to count his four (4) months and twenty-eight (28)
days teaching experience in 1991 as a full year of teaching experience, or to allow him to "tack
on" future service as a teacher to his 1991 service in order to reach a full year of service. You
have also asked for our advice in responding to this request.
As noted above, G.S.115C-363.23A(e) merely states that a loan shall be forgiven if " the
recipient teaches for four (4) years at a North Carolina public school." Like the word "teaches”
the word "years" is not further defined. Again, the absence of any specific legislative definition of
this word plainly indicates a legislative intention to confer on the Commission the discretion to
determine how to define a year of service. As we understand it, the Commission has defined and
applied a year of service to mean a minimum of six months service in a teaching position in a
school year. In our opinion, this definition is sound, logical and well within the scope of the
discretion conferred upon the Commission by the General Assembly. While we believe that the
Commission has the authority to adopt some lesser standard, or to allow "tacking", nothing in the
statutes compels or requires the Commission to take that action, and the decision to take or not
take such action is within the Commission’s discretion.
If this office may be of further assistance with this matter or other matters, please feel free to
contact us.
Edwin M. Speas, Jr.
Senior Deputy Attorney General