GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 210
Committee Substitute Favorable 4/27/95

Short Title:  Career Teacher Dismissals.	(Public)

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Sponsors:

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Referred to:  

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February 16, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE LAW GOVERNING THE DISMISSAL AND DEMOTION OF TEACHERS, TO IMPROVE THE EVALUATION OF TEACHER PERFORMANCE, TO PROVIDE FOR A PROFESSIONAL IMPROVEMENT PERIOD WHEN A TEACHER RECEIVES AN UNSATISFACTORY EVALUATION, AND TO DIRECT THE STATE BOARD OF EDUCATION TO DEVELOP AN INCENTIVE PLAN TO REWARD OUTSTANDING TEACHERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-325 reads as rewritten:
"§ 115C-325.  System of employment for public school teachers.
(a)	Definition of Terms. – As used in this section unless the context requires otherwise:
	 " 	 " (3)	'Day' means calendar day.  In computing any period of time, Rule 6 of the North Carolina Rules of Civil Procedure shall apply.
(4)	'Demote' means to reduce the compensation of a person who is classified or paid by the State Board of Education as a classroom teacher, or to transfer him to a new position carrying a lower salary, or to suspend him without pay to a maximum of 60 days; provided, however, that a suspension without pay pursuant to the provisions of G.S. 115C-325(f) shall not be considered a demotion.  The word 'demote' does not include a reduction in compensation that results from the elimination of a special duty, such as the duty of an athletic coach, assistant principal, or a choral director.
(4a)	'Evaluation' and 'Annual Evaluation' mean an evaluation in accordance with G.S. 115C-326.
(5)	'Probationary teacher' means a certificated person, other than a superintendent, associate superintendent, or assistant superintendent, who has not obtained contract teacher status and whose major responsibility is to teach or to supervise teaching.
(5b)	'Professional contract teacher' means a teacher who has obtained professional contract status as provided in G.S. 115C-325(c).  Teachers who obtained career teacher status before July 1, 1996, are considered professional contract teachers.
(6)	'Teacher' means a person who holds at least a current, not expired, Class A certificate or a regular, not provisional or expired, vocational certificate issued by the Department of Public Instruction; whose major responsibility is to teach or directly supervise teaching or who is classified by the State Board of Education or is paid as a classroom teacher; and who is employed to fill a full-time, permanent position.
(b)	Personnel Files. – The superintendent shall maintain in his office a personnel file for each teacher that contains any complaint, commendation, or suggestion for correction or improvement about the teacher's professional conduct, except that the superintendent may elect not to place in a teacher's file (i) a letter of complaint that contains invalid, irrelevant, outdated, or false information or (ii) a letter of complaint when there is no documentation of an attempt to resolve the issue.  The complaint, commendation, or suggestion shall be signed by the person who makes it and shall be placed in the teacher's file only after five days' notice to the teacher.  Any denial or explanation relating to such complaint, commendation, or suggestion that the teacher desires to make shall be placed in the file.  Any teacher may petition the local board of education to remove any information from his personnel file that he deems invalid, irrelevant, or outdated.  The board may order the superintendent to remove said information if it finds the information is invalid, irrelevant, or outdated.
The personnel file shall be open for the teacher's inspection at all reasonable times but shall be open to other persons only in accordance with such rules and regulations as the board adopts.  Any preemployment data or other information obtained about a teacher before his employment by the board may be kept in a file separate from his personnel file and need not be made available to him.  No data placed in the preemployment file may be introduced as evidence at a hearing on the dismissal or demotion of a teacher.
(c)	(1)	Election of a Teacher to Professional Contract Status. – Except as otherwise provided in subdivision (3) of this subsection, when a teacher will have been employed by a North Carolina public school system for three consecutive years, the board, near the end of the third year, shall vote upon his employment for the next school year.  The board shall give him written notice of that decision by June 1 of his third year of employment.  If a majority of the board votes to reemploy the teacher, and if it has notified him of the decision, it may not rescind that action but must proceed under the provisions of this section for the demotion or dismissal of a teacher if it decides to terminate his employment.  If a majority of the board votes against reemploying the teacher, he shall not teach beyond the current school term.  If the board fails to vote on granting professional contract status but reemploys him for the next year, he automatically becomes a professional contract teacher on the first day of the fourth year of employment.
A year, for purposes of computing time as a probationary teacher, shall be not less than 120 workdays performed as a full-time, permanent teacher in a normal school year.
(2)	Employment of a Professional Contract Teacher. – A teacher who has obtained professional contract status in any North Carolina public school system need not serve another probationary period of more than two years, and may, at the option of the board, be employed immediately as a professional contract teacher.  In any event, if the teacher is reemployed for a third consecutive school year, he shall automatically become a professional contract teacher.  A teacher with professional contract status who resigns and within five years is reemployed by the same local school administrative unit need not serve another probationary period of more than one school year and may, at the option of the board, be reemployed as a professional contract teacher.  In any event, if he is reemployed for a second consecutive school year, he shall automatically become a professional contract teacher.
(3)	Ineligible for Professional Contract Status. – No superintendent, associate superintendent, assistant superintendent or other school employee who is not a teacher as defined by G.S. 115C-325(a)(6) is eligible to obtain professional contract status or continue in a professional contract status if he no longer performs the responsibilities of a teacher as defined in G.S. 115C-325(a)(6).  No person who is promoted to or employed in a principal, director, or supervisor position after July 1, 1995, is eligible to obtain career status as an administrator.  If the person acquired professional contract status as a teacher in a local school administrative unit before being promoted to or employed in a principal, director, or supervisor position, the person shall retain professional contract status as a teacher and the person has a right to reassignment to a teaching position in the event the person is not continued in employment as a principal, supervisor, or director.
(4)	Leave of Absence. – A professional contract teacher who has been granted a leave of absence by a board shall maintain his professional contract status if he returns to his teaching position at the end of the authorized leave.
(d)	Professional Contract Teachers.
(1)	A professional contract teacher shall be employed under a continuing contract that automatically renews at the end of each school year.  G. S. 115C-325, as it may be amended or revised from time to time, shall constitute the continuing contract.  A professional contract teacher shall not be dismissed, demoted, or employed on a part-time basis without his consent except as provided in subsection (e).
(2)	a.	The provisions of this subdivision do not apply to a person who is ineligible for professional contract status as provided by G.S. 115C-325(c)(3).
b.	Whether or not he has previously attained professional contract status as a teacher, a person who has performed the duties of a principal in the school system for three consecutive years or has performed the duties of a supervisor in the school system for three consecutive years shall not be transferred from that position to a lower paying administrative position or to a lower paying nonadministrative position without his consent except for the reasons given in G.S. 115C-325(e)(1) and in accordance with the provisions for the dismissal of a professional contract teacher set out in this section.  Transfer of a principal or a supervisor is not a transfer to a lower paying position if the principal's or supervisor's salary is maintained at the previous salary amount.
		When a teacher has performed the duties of supervisor or principal for three consecutive years, the board, near the end of the third year, shall vote upon his employment for the next school year.  The board shall give him written notice of that decision by June 1 of his third year of employment as a supervisor or principal.  If a majority of the board votes to reemploy the teacher as a principal or supervisor, and it has notified him of that decision, it may not rescind that action but must proceed under the provisions of this section.  If a majority of the board votes not to reemploy the teacher as a principal or supervisor, he shall retain professional contract status as a teacher if that status was attained prior to assuming the duties of supervisor or principal.  A supervisor or principal who has not held that position for three years and whose contract will not be renewed for the next school year shall be notified by June 1 and shall retain professional contract status as a teacher if that status was attained prior to assuming the duties of supervisor or principal.
		A year, for purposes of computing time as a probationary principal or supervisor, shall not be less than 145 workdays performed as a full-time, permanent principal or supervisor in a contract year.
		A principal or supervisor who has obtained career status in that position in any North Carolina public school system may be required by the board of education in another school system to serve an additional three-year probationary period in that position before being eligible for career  status.  However, he may, at the option of the board of education, be granted career  status immediately or after serving a probationary period of one or two additional years.  A principal or supervisor with career status who resigns and within five years is reemployed by the same school system need not serve another probationary period in that position of more than two years and may, at the option of the board, be reemployed immediately as a career  principal or supervisor or be given career status after only one year.  In any event, if he is reemployed for a third consecutive year, he shall automatically become a career principal or supervisor.
(e)	Grounds for Dismissal or Demotion of a Professional Contract Teacher.
(1)	No professional contract teacher shall be dismissed or demoted or employed on a part-time basis except for just cause which shall include one or more of the following:
a.	Inadequate performance.
b.	Immorality.
c.	Insubordination.
d.	Neglect of duty.
e.	Physical or mental incapacity.
f.	Habitual or excessive use of alcohol or nonmedical use of a controlled substance as defined in Article 5 of Chapter 90 of the General Statutes.
g.	Conviction of a felony or a crime involving moral turpitude.
h.	Advocating the overthrow of the government of the United States or of the State of North Carolina by force, violence, or other unlawful means.
i.	Failure to fulfill the duties and responsibilities imposed upon teachers by the General Statutes of this State.
j.	Failure to comply with such reasonable requirements as the board may prescribe.
k.	Any cause which constitutes grounds for the revocation of such career teacher's teaching certificate.
l.	A justifiable decrease in the number of positions due to district reorganization, decreased enrollment, or decreased funding, provided that there is compliance with subdivision (2).
m.	Failure to maintain his certificate in a current status.
n.	Failure to repay money owed to the State in accordance with the provisions of Article 60, Chapter 143 of the General Statutes.
o.	Providing false information or knowingly omitting a material fact on an application for employment or in response to a preemployment inquiry.
(1a)	No professional contract teacher shall be dismissed, demoted or employed on a part-time basis for arbitrary, capricious, discriminatory or for personal or political reasons.
(2)	Before recommending to a board the dismissal or demotion of the professional contract teacher pursuant to G.S. 115C-325(e)(1)l., the superintendent shall give written notice to the professional contract teacher by certified mail or personal delivery of his intention to make such recommendation and shall set forth as part of his recommendation the grounds upon which he believes such dismissal is justified.  The notice shall include a statement to the effect that if the teacher within 15 days after receipt of the notice requests a review, he shall be entitled to have the proposed recommendations of the superintendent reviewed by the board.  Within the 15-day period after receipt of the notice, the professional contract teacher may file with the superintendent a written request for a hearing before the board within 10 days.  If the teacher requests a hearing before the board, the hearing procedures provided in G.S. 115C-325(j) shall be followed.  If no request is made within the 15-day period, the superintendent may file his recommendation with the board.  If, after considering the recommendation of the superintendent and the evidence adduced at the hearing if there is one, the board concludes that the grounds for the recommendation are true and substantiated by a preponderance of the evidence, the board, if it sees fit, may by resolution order such dismissal.  
		When a professional contract teacher is dismissed pursuant to G.S. 115C-325(e)(1)l. above, his name shall be placed on a list of available teachers to be maintained by the board.  Professional contract teachers whose names are placed on such a list shall have a priority on all positions for which they are qualified which become available in that system for the three consecutive years succeeding their dismissal.  However, if the local school administrative unit offers the dismissed teacher a position for which he is certified and he refuses it, his name shall be removed from the priority list.
(3)	It is prima facie evidence of just cause to dismiss a professional contract teacher when a professional contract teacher has received an overall unsatisfactory rating on the annual evaluation, undergone a period of professional improvement as provided under subsection (e1) of this section, and received an overall unsatisfactory evaluation at the end of the professional improvement period.
(4)	Dismissal under subdivision (1) above, except paragraph g thereof, shall not be based on conduct or actions which occurred more than three years before the written notice of the superintendent's intention to recommend dismissal is mailed to the teacher.  The three-year limitation shall not apply to dismissals or demotions pursuant to subdivision (1)b. above when the charge of immorality is based upon a teacher's sexual misconduct toward or sexual harassment of students or staff.
(e1)	Professional Improvement Plan.
(1)	Within 10 days after a professional contract teacher receives an overall unsatisfactory rating on the annual evaluation, the principal and teacher shall develop a written professional improvement plan.  The professional improvement plan shall include the minimum professional improvement plan standards established by the State Board of Education.  The professional improvement plan may include additional education and performance goals as adopted by the local board of education.
(2)	Within five work days after receiving the professional improvement plan, the professional contract teacher may file with the superintendent a written request that the superintendent designate a person other than the principal to conduct the evaluation at the end of the professional improvement period.  The superintendent may consider this request and may only designate an individual who has been trained to conduct teacher observations and evaluations.
(3)	The professional improvement plan shall last for a period of not less than 60 and not more than 180 school days.  For purposes of this subdivision, 'school days' shall mean regularly scheduled teaching days.
(4)	The principal shall consult periodically with the professional contract teacher during the period of professional improvement.  The principal and the teacher may each choose one other person to be present during the periodic consultations.  The superintendent may assign other appropriate personnel to consult with the professional contract teacher, the principal, or both, during the period of professional improvement.
(5)	A professional contract teacher has an obligation to attempt to meet the standards and goals for improvement established under the professional improvement plan.  In the event the professional contract teacher is not attempting to meet those standards and goals, the principal may terminate the professional improvement plan and undertake procedures to dismiss the professional contract teacher for any of the grounds enumerated under G.S. 115C-325(e)(1).
(f)	Suspension without Pay. – If a superintendent believes that cause exists for dismissing a probationary or professional contract teacher for any reason specified in G.S. 115C-325(e)(1)a. through 115C-325(e)(1)j. and that immediate suspension of the teacher is necessary, the superintendent may suspend him without pay.  Before suspending a teacher without pay, the superintendent shall meet with the teacher and give him written notice of the charges against him, an explanation of the bases for the charges, and an opportunity to respond.  Within five days after a suspension under this paragraph, the superintendent shall initiate a dismissal as provided in this section.  If it is finally determined that no grounds for dismissal exist, the teacher shall be reinstated immediately and shall be paid for the period of suspension.
A teacher recommended for suspension without pay pursuant to G.S. 115C-325(a)(4) may request a hearing before the board.  If the teacher requests a hearing before the board, the procedures provided in G.S. 115C-325(j) shall be followed.  If no request is made within 15 days, the superintendent may file his recommendation with the board.  If, after considering the recommendation of the superintendent and the evidence adduced at the hearing if one is held, the board concludes that the grounds for the recommendation are true and substantiated by a preponderance of the evidence, the board, if it sees fit, may by resolution order such suspension.  
(f1)	Suspension with Pay. – If a superintendent believes that cause may exist for dismissing or demoting a probationary or professional contract teacher for any reasons specified in G.S. 115C-325(e)(1)b through 115C-325(e)(1)j, but that additional investigation of the facts is necessary and circumstances are such that the teacher should be removed immediately from his duties, the superintendent may suspend the teacher with pay for a reasonable period of time, not to exceed 90 days.  The superintendent shall immediately notify the board of education of his action.  If the superintendent has not initiated dismissal or demotion proceedings against the teacher within the 90-day period, the teacher shall be reinstated to his duties immediately and all records of the suspension with pay shall be removed from the teacher's personnel file at his request.
				(h)	Procedure for Dismissal or Demotion of Professional Contract Teacher.
(1)	A professional contract teacher may not be dismissed, demoted, or reduced to part-time employment except upon the superintendent's recommendation.
(2)	Before recommending to a board the dismissal or demotion of the professional contract teacher, the superintendent shall give written notice to the professional contract teacher by certified mail or personal delivery of his intention to make such recommendation and shall set forth as part of his recommendation the grounds upon which he believes such dismissal is justified.  
(3)	Within the 15-day period after receipt of the notice, the professional contract teacher may file with the superintendent a written request for a hearing before the board within 10 days.  A hearing conducted by the board under this subdivision shall be conducted under G.S. 115C-325(j).  If no request is made within that period, the superintendent may file his recommendation with the board.  The board, if it sees fit, may by resolution dismiss such teacher.  
								(j)	Hearing Procedure. – The following provisions shall be applicable to any hearing conducted by a board pursuant to G.S. 115C-325(h)(3).
(1)	The hearing shall be private.
(2)	The hearing shall be conducted in accordance with such reasonable rules as the board may adopt consistent with G.S. 115C-325, or if no rules have been adopted, in accordance with reasonable rules adopted by the State Board of Education to govern such hearings.
(3)	At the hearing the teacher and the superintendent shall have the right to be present and to be heard, to be represented by counsel and to present through witnesses any competent testimony relevant to the issue of whether grounds for dismissal or demotion exist or whether the procedures set forth in G.S. 115C-325 have been followed.
(4)	Rules of evidence shall not apply to a hearing conducted pursuant to this act and boards may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent persons in the conduct of serious affairs.
(5)	At least five days before the hearing, the superintendent shall provide to the teacher a list of witnesses the superintendent intends to present, a brief statement of the nature of the testimony of each witness and a copy of any documentary evidence he intends to present.  At least three days before the hearing, the teacher shall provide to the superintendent a list of witnesses the teacher intends to present, a brief statement of the nature of the testimony of each witness and a copy of any documentary evidence he intends to present.  Additional witnesses or documentary evidence may not be presented except upon consent of both parties or upon a majority vote of the board or panel.
									(m)	Probationary Teacher.
(1)	The board of any local school administrative unit may not discharge a probationary teacher during the school year except for the reasons for and by the procedures by which a professional contract teacher may be dismissed as set forth in subsections (e), (h), and (j) of this section.
(2)	The board, upon recommendation of the superintendent, may refuse to renew the contract of any probationary teacher or to reemploy any teacher who is not under contract for any cause it deems sufficient: Provided, however, that the cause may not be arbitrary, capricious, discriminatory or for personal or political reasons.
(n)	Appeal. – Any teacher who has been dismissed or demoted under G.S. 115C-325(e)(2) or G.S. 115C-325(h), or who has been suspended without pay pursuant to G.S. 115C-325(a)(4), or any school administrator whose contract is not renewed in accordance with G.S. 115C-287.1, shall have the right to appeal from the decision of the board to the superior court for the superior court district or set of districts as defined in G.S. 7A-41.1 in which the teacher or school administrator is employed.  This appeal shall be filed within a period of 30 days after notification of the decision of the board.  The cost of preparing the transcript shall be borne by the board.  A teacher who has been demoted or dismissed, or a school administrator whose contract is not renewed, who has not requested a hearing before the board of education pursuant to this section shall not be entitled to judicial review of the board's action.
(o)	Resignation; Nonrenewal of Contract. – A teacher, professional contract or probationary, should not resign without the consent of the superintendent unless he has given at least 30 days' notice.  If the teacher does resign without giving at least 30 days' notice, the board may request that the State Board of Education revoke the teacher's certificate for the remainder of that school year.  A copy of the request shall be placed in the teacher's personnel file.
A probationary teacher whose contract will not be renewed for the next school year shall be notified of this fact by June 1.
(p)	Section Applicable to Certain Institutions. – Notwithstanding any law or regulation to the contrary, this section shall apply to all persons employed in teaching and related educational classes in the schools and institutions of the Departments of Human Resources and Correction regardless of the age of the students."
Sec. 2.  G.S. 115C-287.1(c) reads as rewritten:
"(c)	The term of employment shall be stated in a written contract that shall be entered into between the board of education and the school administrator.  The school administrator shall not be dismissed or demoted during the term of the contract except for the grounds and by the procedure by which a professional contract teacher may be dismissed or demoted as set forth in G.S. 115C-325."
Sec. 3.  G.S. 115C-287.1(g) reads as rewritten:
"(g)	If the school administrator acquired professional contract status as a teacher prior to appointment as a school administrator, a school administrator whose contract as a school administrator is not renewed or extended by the superintendent or the board of education shall be entitled to reassignment and employment in a teaching position."
Sec. 4.  (a)	The State Board of Education shall review and evaluate current school unit teacher evaluation instruments including the Teacher Performance Appraisal Instrument and evaluation procedures and policies and shall develop a plan to improve evaluation instruments and evaluative practices.  Evaluation instruments should include: (i) core elements of best teaching practices; (ii) elements that accurately and fairly evaluate student learning results; (iii) the capacity to allow for locally adopted education goals; (iv) elements that provide a basis and plan for professional improvement; (v) elements to accurately and fairly evaluate the performance of teachers who are not employed in traditional classroom settings; and (vi) the capacity to produce clear and consistent teacher performance ratings ranging from excellent to unsatisfactory.
(b)	The State Board of Education shall develop a plan to train school administrators in appropriate observation, evaluation and related supervision practices.  The State Board of Education shall also develop a plan to instruct teachers in the core evaluative elements and process.
(c)	The State Board shall use the improved evaluation instruments and evaluative practices developed in subsection (a) of this section to establish guidelines for the development of professional improvement plans under G.S. 115C-325(e1).  These guidelines must include professional standards that must be included in professional improvement plans developed by principals and teachers after a teacher receives an unsatisfactory rating on an annual evaluation.
(d)	The State Board of Education shall study methods of providing incentives or awards to teachers who consistently attain excellent ratings on annual evaluations.  As part of its study, the State Board should identify methods that this State, other states, or businesses have used that reward and encourage outstanding teaching.
(e)  The State Board of Education shall report its findings, recommendations, plans, guidelines, and standards, including recommendations for resources or changes in law necessary to implement this act to the Joint Legislative Education Oversight Committee by March 1, 1996.
Sec. 5.  Section 4 of this act is effective upon ratification.  The remainder of the act becomes effective July 1, 1996.