A BILL TO BE ENTITLED
AN ACT to modify the hearing process applicable to probationary 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.
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(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 career employee may be dismissed as set forth in subsections (e), (f), (f1), and (h) to (j3) above.
(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.
(3)	If a superintendent intends to recommend to the local board of education that a probationary teacher be offered a new or renewed probationary contract, or a career status contract, the superintendent shall submit the recommendation to the local board for action. The local board may approve the superintendent's recommendation or decide not to offer the probationary teacher a new or renewed probationary contract, or a career status contract.
If a superintendent decides not to recommend that the local board of education offer a new or renewed probationary contract, or a career status contract, to the probationary teacher, the superintendent shall give the probationary teacher written notice of his or her decision and the reasons for his or her decision no later than May 1 of the final year of the contract. The superintendent's reasons may not be arbitrary, capricious, discriminatory, personal, or political. No action by the local board or further notice to the probationary teacher shall be necessary unless the probationary teacher files with the superintendent a written request, within 10 days of receipt of the superintendent's decision, for a hearing before the local board. Failure to file a timely request for a hearing shall result in a waiver of the right to appeal the superintendent's decision. If a probationary teacher files a timely request for a hearing, the local board shall conduct a hearing pursuant to the provisions of G.S. 115C‑45(c) and make a final decision on whether to offer the probationary teacher a new or renewed probationary contract, or a career status contract.
If a local board decides not to offer the probationary teacher a new or renewed probationary contract, or a career status contract, the local board shall notify the probationary teacher of its decision by June 15 of the final year of the contract. A decision not to offer the probationary teacher a new or renewed probationary contract, or a career status contract, may be for any cause that is not arbitrary, capricious, discriminatory, personal, or political. The local board's decision not to offer the probationary teacher a new or renewed probationary contract, or a career status contract is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes.
If the superintendent or the local board of education fails to notify a probationary teacher by June 15 that the probationary teacher will not be offered a new or renewed probationary contract, or a career status contract, the probationary teacher shall be entitled to 30 days of additional employment or severance pay beyond the date the probationary teacher receives written notice that a new contract will not be offered.
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(o)	Resignation; Nonrenewal of Contract. – A teacher, career 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.
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SECTION 2.  This act is effective when it becomes law and applies to proceedings initiated after August 31, 2009.