GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	2 

SENATE BILL 1126*
Education/Higher Education Committee Substitute Adopted 5/20/98

Short Title:  Revise Teacher Comp. Testing.	(Public)

─────────────────────────────────────── 
Sponsors: 

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

May 14, 1998

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT THE RECOMMENDATION OF THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO REVISE THE TEACHER COMPETENCY TESTING PROVISIONS OF THE EXCELLENT SCHOOLS ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-105.38A reads as rewritten:
"§ 115C-105.38A.  Teacher competency assurance.
(a)	General Knowledge Test. –
(1)	Each assistance team assigned to a low-performing school during the 1997-98 school year shall review the team's evaluations of certified staff members to determine which staff members have been designated by the team as Category 3 teachers.   The assistance team shall then determine whether lack of general knowledge contributed to the Category 3 designation.  If the assistance team determines that a certified staff member's lack of general knowledge contributed to that staff member being designated as a Category 3 teacher, the assistance team shall submit the staff member's name to the State Board prior to June 5, 1998.  Upon receipt of the notification, the State Board shall require that the certified staff members identified by the assistance teams demonstrate their general knowledge by acquiring a passing score on a test designated by the State Board.  The State Board shall administer the general knowledge test required under this subdivision at the end of the 1997-98 school year. 
(2)	During the 1998-99 school year and thereafter, either the principal assigned to a low-performing school or the assistance team assigned to a low-performing school may recommend to the State Board that a certified staff member take a general knowledge test.  A principal or an assistance team shall not make this recommendation unless the principal or the assistance team determines that the certified staff member's performance is impaired by the staff member's lack of general knowledge.   After receipt of the notification, but prior to the end of the fiscal year, the State Board shall require that all certified staff members identified under this subdivision demonstrate their general knowledge by acquiring a passing score on a test designated by the State Board.
					(c)	Remediation. – Certified staff members who do not acquire a passing score on the test required under subsection (a) of this section shall engage in a remediation plan based upon the deficiencies identified by the test. The remediation plan for deficiencies of individual certified staff members shall consist of up to a semester of university or community college training or coursework or both. The remediation shall be developed by the State Board of Education in consultation with the Board of Governors of The University of North Carolina. The State Board shall reimburse the institution providing the remediation any tuition and fees incurred under this section. If the remediation plan requires that the staff member engage in a full-time course of study or training, the staff member shall be considered on leave with pay.
(d)	Retesting; Dismissal. – Upon completion of the remediation plan required under subsection (c) of this section, the certified staff member shall take the general knowledge test a second time. If the certified staff member fails to acquire a passing score on the second test, the State Board shall begin dismissal proceedings under G.S. 115C-325(q)(2a).
	(f)	Other Actions Not Precluded. – Nothing in this section shall be construed to restrict or postpone the following actions:
(1)	The dismissal of a principal under G.S. 115C-325(q)(1);
(2)	The dismissal of a teacher, assistant principal, director, or supervisor under G.S. 115C-325(q)(2);
(3)	The dismissal or demotion of a career employee for any of the grounds listed under G.S. 115C-325(e);
(4)	The nonrenewal of a school administrator's or probationary teacher's contract of employment; or
(5)	The decision to grant career status.
(g)	Performance Assessment. – The State Board shall develop a performance assessment for both teaching presentation skills and subject matter knowledge.  Beginning with the 1999-2000 school year, either the principal assigned to a low-performing school or the assistance team assigned to a low-performing school may recommend to the State Board that a certified staff member receive an evaluation using the performance assessment developed under this subsection.  A principal or an assistance team shall not make this recommendation unless the certified staff member has received a below standard or unsatisfactory rating on at least one of the functions of the Teacher Performance Assessment Instrument or any other performance standard or criteria adopted by the State Board and that function is related to either presentation skills, subject matter knowledge, or both.  Upon receiving a recommendation from a principal or an assistance team, the State Board shall provide for a performance assessment of the certified staff member.  If the staff member receives a below standard rating on the performance assessment, the staff member shall receive a remediation plan addressing the deficiencies identified by the performance assessment.  The remediation may consist of coursework or training under subsection (c) of this section, or any other services the State Board determines are appropriate.  Upon completion of the remediation plan, the staff member shall receive another performance assessment.  If the staff member receives a second below standard rating on the performance assessment, the local board of education shall begin a dismissal proceeding under G.S. 115C-325.  The second below standard evaluation shall be used as evidence of the teacher's inadequate performance.  ."
Section 2.  G.S. 115C-325(q)(2a) reads as rewritten:
"(2a)	Notwithstanding any other provision of this section or any other law, this subdivision shall govern the State Board's dismissal of certified staff members who have engaged in a remediation plan under G.S. 115C-105.38A(c) but who, after one retest, fail to meet the general knowledge standard set by the State Board. The failure to meet the general knowledge standard after one retest shall be substantial evidence of the inadequate performance of the certified staff member.
	A certified staff member may request a hearing before a panel of three members of the State Board within 30 days of any dismissal under this subdivision. The State Board shall adopt procedures to ensure that due process rights are afforded to certified staff members recommended for dismissal under this subdivision. Decisions of the panel may be appealed on the record to the State Board, with further right of judicial review under Chapter 150B of the General Statutes."
Section 3.  The State Board of Education may expend funds appropriated to State Aid to Local School Administrative Units, or to the Department of Public Instruction, or both, to develop the performance assessment required by this act.
Section 4.  This act is effective when it becomes law.