Can the North Carolina State Board of Education license its own speech-language teachers for public schools, or does the state's professional speech-pathology licensing board have exclusive authority over that credential?

Plain-English summary

The Attorney General's office concluded that the North Carolina State Board of Education could credential people to teach students with speech-language impairments in public schools even if those teachers lacked a license from the Board of Examiners for Speech and Language Pathologists and Audiologists (NCBESLPA). It relied on the State Board's constitutional authority and the exception in G.S. § 90-294(c)(4) for qualifying school-based practice.

The opinion also rejected an argument that the State Board could not call its credential a “license.” It quoted the Administrative Procedures Act's broad definition of that term and said both boards' credentials are licenses. A license from either body is limited to that body's jurisdiction. A State Board license did not authorize services to the general public without an NCBESLPA license. Likewise, a local board of education could not employ an NCBESLPA licensee to serve speech-language-impaired students unless the person held or was qualified to hold a valid State Board license under G.S. § 115C-295.

The opinion acknowledged confusion and attempts to evade discipline through dual licensure. It urged the two boards to explain the limits of their credentials and coordinate disciplinary actions. It did not identify an alternative employment arrangement bypassing the State Board qualification requirement.

Currency note

This opinion applied the credentialing statutes discussed in 1996. Check current licensing and school-employment rules before relying on it for a present position.

Common questions

Can a State Board credential authorize private speech-language services?

The opinion said no. The State Board credential's scope was limited to practice in a salaried position within or under the jurisdiction of the Department of Public Instruction. Public-facing services required an NCBESLPA license.

Is an NCBESLPA license alone enough for a public-school position serving speech-language-impaired students?

The opinion said a local board could not employ the person in that role unless the person also held or was qualified to hold a valid State Board license.

Could the State Board call its credential a license?

Yes. The opinion applied the Administrative Procedures Act's definition and said the State Board's credential was a license, limited to the Board's area of authority.

Source

• Landing page: https://ncdoj.gov/opinions/authority-of-license-teachers-of-speech-language-impaired-students/

Citations

• N.C. Gen. Stat. § 90-292
• N.C. Gen. Stat. § 90-294
• N.C. Gen. Stat. § 115C-295
• N.C. Gen. Stat. § 150B-2

Original opinion text

(c) The provisions of this Article do not apply to:

(4) A person who holds a valid and current credential as a speech and language pathologist or audiologist issued by the North Carolina Department of Public Instruction or who is employed by the North Carolina Schools for the Deaf and Blind, if such person practices speech and language pathology or audiology in a salaried position solely within the confines or under the jurisdiction of the Department of Public Instruction or the Department of Human Resources respectively.

N.C. Gen. Stat. § 90-294(c)(4) (emphasis added).

In light of the State Board's plenary constitutional authority and the express limitations on the NCBESLPA's statutory authority, it is our opinion that the State Board has the authority to issue credentials to persons to teach speech-language impaired students in the public schools even if they do not hold a license from NCBESLPA.

Second, we disagree with your assertion that the State Board does not have the authority to call the credential it issues to a person qualified to teach speech-language impaired students a "license." Black's Law Dictionary defines a "license" as a "certificate or the document itself which gives permission." The North Carolina Administrative Procedures Act (APA), N.C. Gen. Stat. § 150B et seq., defines a "license" as any certificate, permit or other evidence, by whatever name called, of a right or privilege to engage in any activity, except licenses issued under Chapter 20 and Subchapter I of Chapter 105 of the General Statutes and occupational licenses. N.C. Gen. Stat. § 150B-2(3).

Correspondingly, the APA defines "occupational license" as any certificate, permit, or other evidence, by whatever name called, of a right or privilege to engage in a profession, occupation, or field of endeavor that is issued by an occupational licensing agency. N.C. Gen. Stat. § 150B-2(4a).

Finally, the APA defines "occupational licensing agency" as any board, commission, committee or other agency of the State of North Carolina which is established for the primary purpose of regulating the entry of persons into, and/or the conduct of persons within a particular profession, occupation or field of endeavor, and which is authorized to issue and revoke licenses. "Occupational licensing agency" does not include State agencies or departments which may as only a part of their regular function issue permits or licenses. N.C. Gen. Stat. § 150B-2(4a) (Emphasis added).

In light of these definitions, it is clear that whatever the name NCBESLPA or the State Board might give to the credentials they issue, the law considers those credentials to be "licenses." Insofar as the law considers the credentials that the State Board issues to teachers to be "licenses," it naturally follows that the State Board may call the credentials it issues "licenses."

In reaching this conclusion, we expressly reject your assertion that the term "license" necessarily "denotes full professional qualification and general right to practice in all settings." The "right" or "privilege" granted by a "license" is always limited to the jurisdiction of the granting authority. The "license" which the State Board issues to teachers of speech-language impaired students is limited to the practice of speech and language pathology or audiology in a salaried position solely within the confines or under the jurisdiction of the Department of Public Instruction. N.C. Gen. Stat. § 90-294(c)(4). A person holding a license from the State Board to serve speech-language impaired students in the public schools cannot offer speech-language pathology services to the general public without a license from the NCBESLPA. Correspondingly, the "license" which the NCBESLPA issues to speech-language pathologists is limited to persons offering speech and language pathology and audiology "services to the public." N.C. Gen. Stat. § 90-292. Local boards of education cannot employ persons who hold licenses from NCBESLPA to serve speech-language impaired students in the public schools unless they hold or are qualified to hold a valid license from the State Board. N.C. Gen. Stat. § 115C-295. Thus, neither the State Board's "license" nor NCBESLPA's "license" denotes a "general right to practice in all settings" because neither the State Board nor NCBESLPA has general jurisdiction over all settings in which instruction of persons with speech-language impairments may occur. To the contrary, each license is specifically limited to practice within the jurisdiction of the agency or board that issues the license.

Your letter also notes several cases in which individuals have either been confused by the difference between the licenses issued by the State Board and the NCBESLPA or have taken advantage of dual licensure to evade the discipline of one or the other licensing body. While these cases are regrettable, they serve only to prove that the NCBESLPA and the State Board should work closely together to assure that their licensees and the public are aware of the limitations on their respective practices and should strive to coordinate their disciplinary actions to assure the public safety.

Edwin M. Speas, Jr.
Senior Deputy Attorney General

Thomas J. Ziko
Special Deputy Attorney General