GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-96
The General Assembly of North Carolina enacts:
Section 1. G.S. 115C-325(h)(3) reads as rewritten:
"(3) Within the 14-day
period after receipt of the notice, the career employee may file with the
superintendent a written request for either (i) a hearing on the grounds for
the superintendent's proposed recommendation by a case manager or (ii) a
hearing within five 10 days before the board on the
superintendent's recommendation. If the career employee requests an immediate
hearing before the board, he forfeits his right to a hearing by a case manager.
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 (i)
reject the superintendent's recommendation or (ii) accept or modify the
superintendent's recommendation and dismiss, demote, reinstate, or suspend the
employee without pay. If a request for review is made, the superintendent shall
not file his recommendation for dismissal with the board until a report of the
case manager is filed with the superintendent."
Section 2. G.S. 115C-325(j)(3) reads as rewritten:
"(3) At the hearing the
career employee and the superintendent superintendent or the
superintendent's designee 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."
Section 3. G.S. 115C-325(j1)(1) reads as rewritten:
"(1) Within two days after
receiving the superintendent's notice of intent to recommend the career
employee's dismissal to the board, the career employee shall decide whether to
request a hearing before the board and shall notify the superintendent, in
writing, of the decision. If the career employee can show that the request for
a hearing was postmarked within the time provided, the career employee shall not
forfeit the right to a board hearing. Within two days after receiving the
career employee's request for a board hearing, the superintendent shall request
that a transcript of the case manager hearing be made. Within two days of
receiving a copy of the transcript, the superintendent shall submit to the
board the written recommendation and shall provide a copy of the
recommendation to the career employee. The superintendent's recommendation
shall state the grounds for the recommendation and shall be accompanied by a
copy of the case manager's report. report and a copy of the
transcript of the case manager hearing."
Section 4. G.S. 115C-325(j3)(5) reads as rewritten:
"(5) At least 10 eight
days before the hearing, the superintendent shall provide to the career
employee 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 the superintendent intends to present."
Section 5. G.S. 115C-325(o) reads as rewritten:
"(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.
A probationary teacher whose contract will not be renewed for
the next school year shall be notified of this fact by June 1. 15."
Section 6. G.S. 115C-295.3 is repealed.
Section 7. G.S. 115C-47 is amended by adding a new subdivision to read:
"(18a) To Adopt Rules and Policies Limiting the Noninstructional Duties of Teachers. - Local boards of education shall adopt rules and policies limiting the noninstructional duties assigned to teachers. A local board may temporarily suspend the rules and policies for individual schools upon a finding that there is a compelling reason the rules or policies should not be implemented. These rules and policies shall ensure that:
a. Teachers with initial certification are not assigned extracurricular activities unless they request the assignments in writing and that other noninstructional duties assigned to these teachers are minimized, so these teachers have an opportunity to develop into skilled professionals;
b. Teachers with 27 or more years of experience are not assigned extracurricular activities unless they request the assignments in writing and that other noninstructional duties assigned to these teachers are minimized, so these teachers have an opportunity to informally share their experience and expertise with their colleagues;
c. The noninstructional duties of all teachers are limited to the extent possible given federal, State, and local laws, rules, and policies, and that the noninstructional duties required of teachers are distributed equitably among employees."
Section 8. G.S. 115C-296(e) reads as rewritten:
"(e) The State Board of Education shall develop a mentor program to provide ongoing support for teachers entering the profession. In developing the mentor program, the State Board shall conduct a comprehensive study of the needs of new teachers and how those needs can be met through an orientation and mentor support program. For the purpose of helping local boards to support new teachers, the State Board shall develop and distribute guidelines which address optimum teaching load, extracurricular duties, student assignment, and other working condition considerations. These guidelines shall provide that initially certified teachers not be assigned extracurricular activities unless they request the assignments in writing and that other noninstructional duties of these teachers be minimized. The State Board shall develop and coordinate a mentor teacher training program. The State Board shall develop criteria for selecting excellent, experienced, and qualified teachers to be participants in the mentor teacher training program."
Section 9. This act is effective when it becomes law. Sections 1, 2, 3, and 4 apply to proceedings initiated on or after that date.
In the General Assembly read three times and ratified this the 17th day of May, 1999.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:45 a.m. this 27th day of May, 1999