Bill Text: NC H1199 | 2013-2014 | Regular Session | Amended
Bill Title: Restore Career Status
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2014-05-23 - Ref To Com On Education [H1199 Detail]
Download: North_Carolina-2013-H1199-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 1
HOUSE BILL 1199
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Short Title: Restore Career Status. |
(Public) |
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Sponsors: |
Representatives Glazier, Goodman, Carney, and Terry (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Education. |
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May 23, 2014
A BILL TO BE ENTITLED
AN ACT to restore career status for effective teachers.
The General Assembly of North Carolina enacts:
SECTION 1. Section 9.6 of S.L. 2013‑360 is repealed.
SECTION 2. Section 9.7 of S.L. 2013‑360 is repealed.
SECTION 3. G.S. 115C‑325, as it existed on July 31, 2013, is reenacted.
SECTION 4. G.S. 115C‑325, as reenacted by this act, 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:
(1) Repealed by Session Laws 1997‑221, s. 13(a).
(1a) "Career employee" as used in this section means:
a. An employee who has obtained achieved career
status with that local board as a teacher as provided in G.S. 115C‑325(c);
b. An employee who has obtained career status with that local board in an administrative position as provided in G.S. 115C‑325(d)(2);
c. A probationary teacher during the term of the contract as provided in G.S. 115C‑325(m); and
d. A school administrator during the term of a school administrator contract as provided in G.S. 115C‑287.1(c).
(1b) "Career school administrator" means a school administrator who has obtained career status in an administrative position as provided in G.S. 115C‑325(d)(2).
(1c) "Career teacher" means a teacher who has obtained
achieved career status as provided in G.S. 115C‑325(c).
(1d) Repealed by Session Laws 2011‑348, s. 1, effective July 1, 2011, and applicable to persons recommended for dismissal or demotion on or after that date.
(2) Repealed by Session Laws 1997, c. 221, s. 13(a).
(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 salary of a person who is classified or paid by the State Board of Education as a classroom teacher or as a school administrator. The word "demote" does not include: (i) a suspension without pay pursuant to G.S. 115C‑325(f)(1); (ii) the elimination or reduction of bonus payments, including merit‑based supplements, or a systemwide modification in the amount of any applicable local supplement; or (iii) any reduction in salary that results from the elimination of a special duty, such as the duty of an athletic coach or a choral director.
(4a) "Disciplinary suspension" means a final decision to suspend a teacher or school administrator without pay for no more than 60 days under G.S. 115C‑325(f)(2).
(4b) "Exchange teacher" means a nonimmigrant alien teacher participating in an exchange visitor program designated by the United States Department of State pursuant to 22 C.F.R. Part 62 or by the United States Department of Homeland Security pursuant to 8 C.F.R. Part 214.2(q).
(4c) "Hearing officer" means a person selected under G.S. 115C‑325(h)(7).
(5) "Probationary teacher" means a licensed
person, other than a superintendent, associate superintendent, or assistant
superintendent, who has not obtained achieved career‑teacher
status and whose major responsibility is to teach or to supervise teaching.
(5a) [Expired.]
(5b) "School administrator" means a principal, assistant principal, supervisor, or director whose major function includes the direct or indirect supervision of teaching or any other part of the instructional program as provided in G.S. 115C‑287.1(a)(3).
(6) "Teacher" means a person who holds at least a current, not provisional or expired, Class A license or a regular, not provisional or expired, vocational license issued by the State Board of Education; whose major responsibility is to teach or directly supervises teaching or who is classified by the State Board of Education or is paid either as a classroom teacher or instructional support personnel; and who is employed to fill a full‑time, permanent position.
(6a) "Teacher Performance Evaluation Standards" means the following competencies:
a. Demonstration of leadership.
b. Establishment of a respectful environment for a diverse population of students.
c. Content knowledge.
d. Facilitation of learning for students.
e. Reflection on teaching practice.
f. Contribution to the academic success of students.
(6b) "Teacher Performance Ratings" means the following ratings based on annual evaluations of teacher performance evaluation standards:
a. Developing: Demonstration of adequate growth towards achieving teacher performance evaluation standards during the performance period but failure to demonstrate basic competence on teacher performance evaluation standards.
b. Proficient: Demonstration of basic competence on teacher performance evaluation standards.
c. Accomplished: Exceeding basic competence on teacher performance evaluation standards most of the time.
d. Distinguished: Consistently and significantly exceeding basic competence on teacher performance evaluation standards.
e. Not demonstrated: Failure to demonstrate basic competence on or adequate growth on teacher performance evaluation standards.
f. Student growth that is indicated by one of the following: (i) meeting expected student growth, (ii) exceeding expected student growth, or (iii) failure to meet expected student growth.
(6c) "Teacher Status" means the following indicators based on a three‑year rolling average of student growth values used to populate the teacher performance evaluation standard in sub‑subdivision (a)(6a)f. of this section:
a. In need of improvement: A teacher who fails to receive a rating of at least proficient on each of the teacher performance evaluation standards or who does not meet expected student growth.
b. Effective: A teacher who receives a rating of at least proficient on each of the teacher performance evaluation standards and who at least meets expected student growth.
c. Highly effective: A teacher who receives a rating of at least accomplished on each of the teacher evaluation standards and who exceeds expected student growth.
(7) Redesignated.
(8) "Year" for purposes of computing time as a probationary teacher shall be not less than 120 workdays performed as a probationary teacher in a full‑time permanent position in a school year. Workdays performed pending the outcome of a criminal history check as provided in G.S. 115C‑332 are included in computing time as a probationary teacher.
…
(c) (1) Election
of a Teacher Achievement toof Career Status. –
Except as otherwise provided in subdivision (3) of
this subsection, when a teacher has been employed by a North Carolina public
school system for four consecutive years, the board, near the end of the
fourth year, shall vote upon whether to grant the teacher career status.the
determination of a teacher's career status shall be as follows:
a. If a probationary teacher is (i) evaluated using the State Board teacher evaluation process and (ii) has received a teacher status of "highly effective" by the end of the fourth year of evaluations, the teacher shall achieve career status.
b. If a probationary teacher is (i) evaluated using the State Board teacher evaluation process and (ii) has received a teacher status of "in need of improvement" by the end of the fourth year of evaluations, the teacher shall not achieve career status and the teacher shall not teach beyond the school term.
c. If neither of the circumstances in sub‑subdivisions a. and b. of this subdivision apply to a teacher or if a teacher is not evaluated using the State Board teacher evaluation process, the board shall vote upon whether to grant the teacher career status. The teacher has a right to notice and hearing prior to the board's vote as provided in G.S. 115C‑325(m)(3) and G.S. 115C‑325(m)(4). The board shall give the teacher written notice of that decision by June 15 or such later date as provided in G.S. 115C‑325(m)(7). If a majority of the board votes to grant career status to the teacher, and if it has notified the teacher 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 the teacher's employment. If a majority of the board votes against granting career status, the teacher shall not teach beyond the current school term. If the board fails to vote on granting career status, the teacher shall be entitled to an additional month's pay for every 30 days or portion thereof after June 16 or such later date as provided in G.S. 115C‑325(m)(7) if a majority of the board belatedly votes against granting career status.
(1a) Revocation of career status. – If, for two consecutive years, a teacher with career status who is evaluated using the State Board teacher evaluation process receives a teacher status rating of "in need of improvement," the teacher shall lose career status and may serve as a probationary teacher beginning with the next school year. A local board of education may dismiss or demote the teacher as provided in subsection (e) of this section. If the teacher remains employed by the local board of education as a probationary teacher for two years, at the end of those two years one of the following shall apply:
a. If the teacher receives a teacher status rating of "highly effective," the teacher shall achieve career status.
b. If the teacher has received a teacher status rating of "effective," the teacher shall be eligible for a vote by the local board of education on whether to grant the teacher career status in accordance with sub‑subdivision (c)(1)c. of this section.
c. If the teacher has received a teacher performance rating of "in need of improvement," the teacher shall not achieve career status and shall be an at‑will employee. The teacher shall not be entitled to the employment protections provided a career employee or probationary teacher.
(2) Employment of a Career Teacher. – AExcept
as otherwise provided in this section, a teacher who has obtainedachieved
career status in any North Carolina public school system under sub‑subdivision
(c)(1)c. of this section need not serve another probationary period of more
than one year. The board may grant career status immediately upon employing the
teacher, or after the first year of employment. The teacher has a right to
notice and hearing prior to the board's vote as provided in G.S. 115C‑325(m)(3)
and G.S. 115C‑325(m)(4). The board shall give the teacher written
notice of that decision by June 15 or such later date as provided in G.S. 115C‑325(m)(7).
If a majority of the board votes against granting career status, the teacher
shall not teach beyond the current term. If after one year of employment, the
board fails to vote on the issue of granting career status, the teacher shall
be entitled to one additional month's pay for every 30 days or portion thereof
beyond June 16 or such later date as provided in G.S. 115C‑325(m)(7)
if a majority of the board belatedly voted against granting career status. A
teacher who achieves career status under sub‑subdivision (c)(1)a. and
maintains a teacher status rating of "highly effective" in subsequent
evaluation years shall not be required to serve another probationary period in
any North Carolina public school system.
(3) Ineligible for Career Status. – No employee of a
local board of education except a teacher as defined by G.S. 115C‑325(a)(6)
is eligible to obtain achieve career status or continue in a
career status as a teacher if hethe teacher no longer performs
the responsibilities of a teacher as defined in G.S. 115C‑325(a)(6).
No person who is employed as a school administrator who did not acquire career
status as a school administrator by June 30, 1997, shall have career status as
an administrator. Further, no director or assistant principal is eligible to
obtain career status as a school administrator unless he or she has already
been conferred that status by the local board of education.
…
(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 for any of the following reasons:
a. An arbitrary, capricious, or discriminatory
orreason.
b. forFor personal or political
reasons.
c. The teacher, in good faith, reported to a supervisor, school administrator, member of the local board of education, an appropriate law enforcement authority, or other appropriate authority a violation of law or local board policy by the local board of education or by an employee of the board.
(3) The superintendent shall provide written notice to a probationary teacher no later than May 15 of the superintendent's intent to recommend nonrenewal and the teacher's right, within 10 days of receipt of the superintendent's recommendation, to (i) request and receive written notice of the reasons for the superintendent's recommendation for nonrenewal and the information that the superintendent may share with the board to support the recommendation for nonrenewal; and (ii) request a hearing for those teachers eligible for a hearing under G.S. 115C‑325(m)(4). The failure to file a timely request within the 10 days shall result in a waiver of the right to this information and any right to a hearing. If a teacher files a timely request, the superintendent shall provide the requested information and arrange for a hearing, if allowed, and the teacher shall be permitted to submit supplemental information to the superintendent and board prior to the board making a decision or holding a hearing as provided in this section. The board shall adopt a policy to provide for the orderly exchange of information prior to the board's decision on the superintendent's recommendation for nonrenewal.
(4) If the probationary teacher is eligible for career
status pursuant to G.S. 115C‑325(c)(1) and (c)(2)sub‑subdivision
(c)(1)c., sub‑subdivision (c)(1a)b., or subdivision (c)(2) of this
section, and the superintendent recommends not to give the probationary
teacher career status, the probationary teacher has the right to a hearing
before the board unless the reason is a justifiable board‑ or
superintendent‑approved decrease in the number of positions due to
district reorganization, decreased enrollment, or decreased funding.
(5) For probationary contracts that are not in the final year before the probationary teacher is eligible for career status, the probationary teacher shall have the right to petition the local board of education for a hearing, and the local board may grant a hearing regarding the superintendent's recommendation for nonrenewal. The local board of education shall notify the probationary teacher making the petition of its decision whether to grant a hearing.
(6) Any hearing held according to this subsection shall be pursuant to the provisions of G.S. 115C‑45(c).
(7) The board shall notify a probationary teacher whose contract will not be renewed for the next school year of its decision by June 15; provided, however, if a teacher submits a request for information or a hearing, the board shall provide the nonrenewal notification by July 1 or such later date upon the written consent of the superintendent and teacher.
…."
SECTION 5. G.S. 115C‑45(c) reads as rewritten:
"(c) Appeals to Board of Education and to Superior Court. – An appeal shall lie to the local board of education from any final administrative decision in the following matters:
(1) The discipline of a student under G.S. 115C‑390.7, 115C‑390.10, or 115C‑390.11;
(2) An alleged violation of a specified federal law, State law, State Board of Education policy, State rule, or local board policy, including policies regarding grade retention of students;
(3) The terms or conditions of employment or employment status of a school employee; and
(4) Any other decision that by statute specifically provides for a right of appeal to the local board of education and for which there is no other statutory appeal procedure.
As used in this subsection, the term "final administrative decision" means a decision of a school employee from which no further appeal to a school administrator is available.
Any person aggrieved by a decision not covered under subdivisions (1) through (4) of this subsection shall have the right to appeal to the superintendent and thereafter shall have the right to petition the local board of education for a hearing, and the local board may grant a hearing regarding any final decision of school personnel within the local school administrative unit. A licensed employee of a local board of education shall have the right to petition the local board of education to grant a hearing regarding the results of the licensed employee's annual evaluation or implementation of a mandatory improvement plan under G.S. 115C‑333 or G.S. 115C‑333.1. The local board of education shall notify the person making the petition of its decision whether to grant a hearing.
In all appeals to the board it is the duty of the board of education to see that a proper notice is given to all parties concerned and that a record of the hearing is properly entered in the records of the board conducting the hearing.
The board of education may designate hearing panels composed of not less than two members of the board to hear and act upon such appeals in the name and on behalf of the board of education.
An appeal of right brought before a local board of education
under subdivision (1), (2), (3), or (4) of this subsection may be further
appealed to the superior court of the State on the grounds that the local board's
decision is in violation of constitutional provisions, is in excess of the
statutory authority or jurisdiction of the board, is made upon unlawful
procedure, is affected by other error of law, is unsupported by substantial
evidence in view of the entire record as submitted, or is arbitrary or
capricious. However, the right of a noncertifiednonlicensed employee
to appeal decisions of a local board under subdivision (3) of this subsection
shall only apply to decisions concerning the dismissal, demotion, or suspension
without pay of the noncertified employee. A noncertifiednonlicensed
employee may request and shall be entitled to receive written notice as to the
reasons for the employee's dismissal, demotion, or suspension without pay. The
notice shall be provided to the employee prior to any local board of education
hearing on the issue. This subsection shall not alter the employment status of
a noncertifiednonlicensed employee."
SECTION 6. G.S. 115C‑287.1 reads as rewritten:
"§ 115C‑287.1. Method of employment of principals, assistant principals, supervisors, and directors.
(a) (1) Beginning July 1,
1995, all All persons employed as school administrators shall
be employed pursuant to this section.
(2) Notwithstanding G.S. 115C‑287.1(a)(1), the following school administrators shall be employed pursuant to G.S. 115C‑325:
a. School administrators who, as of July 1, 1995, are serving in a principal or supervisor position with career status in that position; and
b. School administrators who, as of July 1, 1995, are serving in a principal or supervisor position and who are eligible to achieve career status on or before June 30, 1997.
A school administrator shall cease to be employed pursuant to G.S. 115C‑325 if the school administrator: (i) voluntarily relinquishes career status or the opportunity to achieve career status through promotion, resignation, or otherwise; or (ii) is dismissed or demoted or whose contract is not renewed pursuant to G.S. 115C‑325.
(3) For purposes of this section, school administrator means a:
a. Principal;
b. Assistant principal;
c. Supervisor; or
d. Director,
whose major function includes the direct or indirect supervision of teaching or of any other part of the instructional program.
(4) Nothing in this section shall be construed to confer career status on any assistant principal or director, or to make an assistant principal eligible for career status as an assistant principal or a director eligible for career status as a director.
(b) Local boards of education shall employ school administrators who are ineligible for career status as provided in G.S. 115C‑325(c)(3), upon the recommendation of the superintendent. The initial contract between a school administrator and a local board of education shall be for two to four years, ending on June 30 of the final 12 months of the contract. In the case of a subsequent contract between a principal or assistant principal and a local board of education, the contract shall be for a term of four years. In the case of an initial contract between a school administrator and a local board of education, the first year of the contract may be for a period of less than 12 months provided the contract becomes effective on or before September 1. A local board of education may, with the written consent of the school administrator, extend, renew, or offer a new school administrator's contract at any time after the first 12 months of the contract so long as the term of the new, renewed, or extended contract does not exceed four years. Rolling annual contract renewals are not allowed. Nothing in this section shall be construed to prohibit the filling of an administrative position on an interim or temporary basis.
(c) The term of employment shall be stated in a written contract that shall be entered into between the local 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 career teacher may be dismissed or demoted as set forth in G.S. 115C‑325.
(d) If a superintendent intends to recommend to the local board of education that the school administrator be offered a new, renewed, or extended 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 school administrator a new, renewed, or extended school administrator's contract.
If a superintendent decides not to recommend that the local board of education offer a new, renewed, or extended school administrator's contract to the school administrator, the superintendent shall give the school administrator 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 school administrator shall be necessary unless the school administrator 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 school administrator 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 school administrator a new, renewed, or extended school administrator's contract.
If the local board decides not to offer the school administrator a new, renewed, or extended school administrator's contract, the local board shall notify the school administrator of its decision by June 1 of the final year of the contract. A decision not to offer the school administrator a new, renewed, or extended contract may be for any cause that is not arbitrary, capricious, discriminatory, personal, or political. The local board's decision not to offer the school administrator a new, renewed, or extended school administrator's contract is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes.
(e) Repealed by Session Laws 1995, c. 369, s. 1.
(f) If the superintendent or the local board of education fails to notify a school administrator by June 1 of the final year of the contract that the school administrator will not be offered a new school administrator's contract, the school administrator shall be entitled to 30 days of additional employment or severance pay beyond the date the school administrator receives written notice that a new contract will not be offered.
(g) If, prior to appointment as a school administrator, the school administrator held career status as a teacher in the local school administrative unit in which he or she is employed as a school administrator, a school administrator shall retain career status as a teacher if the school administrator is not offered a new, renewed, or extended contract by the local board of education, unless the school administrator voluntarily relinquished that right or is dismissed or demoted pursuant to G.S. 115C‑325.
(h) An individual who holds a provisional assistant
principal's certificatelicense and who is employed as an
assistant principal under G.S. 115C‑284(c) shall be considered a
school administrator for purposes of this section. Notwithstanding subsection
(b) of this section, a local board may enter into one‑year contracts with
a school administrator who holds a provisional assistant principal's certificate.license.
If the school administrator held career status as a teacher in the local school
administrative unit prior to being employed as an assistant principal and the
State Board for any reason does not extend the school administrator's
provisional assistant principal's certificate,license, the school
administrator shall retain career status as a teacher unless the school
administrator voluntarily relinquished that right or is dismissed or demoted
under G.S. 115C‑325. Nothing in this subsection or G.S. 115C‑284(c)
shall be construed to require a local board to extend or renew the contract of
a school administrator who holds a provisional assistant principal's certificate.license."
SECTION 7. G.S. 115C‑105.38A(d) reads as rewritten:
"(d) Retesting; Dismissal. – Upon completion of the
remediation plan required under subsection (c) of this section, the certifiedlicensed
staff member shall take the general knowledge test a second time. If the certifiedlicensed
staff member fails to acquire a passing score on the second test, the State
Board shall begin a dismissal proceeding under G.S. 115C‑325(q)(2a)."
SECTION 8. G.S. 115C‑276(l) reads as rewritten:
"(l) To Maintain Personnel Files and to Participate in Firing and Demoting of Staff. – The superintendent shall maintain in his or her office a personnel file for each teacher that contains complaints, commendations, or suggestions for correction or improvement about the teacher and shall participate in the firing and demoting of staff, as provided in G.S. 115C‑325."
SECTION 9. G.S. 115C‑304 is reenacted.
SECTION 10. G.S. 143B‑146.7(b) reads as rewritten:
"(b) At any time after the State Board identifies a
school as low‑performing under this Part, the Secretary State
Board shall proceed under G.S. 115C‑325(p1) for the dismissal of
certificatedlicensed instructional personnel assigned to that
school."
SECTION 11. G.S. 143B‑146.8 reads as rewritten:
"§ 143B‑146.8.
Evaluation of certificated licensed personnel and principals;
action plans; State Board notification.
(a) Annual Evaluations; Low‑Performing Schools.
– The principal shall evaluate at least once each year all certificated licensed
personnel assigned to a participating school that has been identified as
low‑performing but has not received an assistance team. The evaluation
shall occur early enough during the school year to provide adequate time for
the development and implementation of an action plan if one is recommended
under subsection (b) of this section. If the employee is a teacher as defined
under G.S. 115C‑325(a)(6), either the principal or an assessment
team assigned under G.S. 143B‑146.9 shall conduct the evaluation. If
the employee is a school administrator as defined under G.S. 115C‑287.1(a)(3),
the Superintendent shall conduct the evaluation.
Notwithstanding this subsection or any other law, the
principal shall observe at least three times annually, a teacher shall observe
at least once annually, and the principal shall evaluate at least once
annually, all teachers who have not attainedachieved career
status. All other employees defined as teachers under G.S. 115C‑325(a)(6)
who are assigned to participating schools that are not designated as low‑performing
shall be evaluated annually unless the Secretary State Board adopts
rules that allow specified categories of teachers with career status to be
evaluated more or less frequently. The Secretary State Board also
may adopt rules requiring the annual evaluation of noncertificated nonlicensed
personnel. This section shall not be construed to limit the duties and
authority of an assistance team assigned to a low‑performing school.
The Secretary shall use the State Board's performance
standards and criteria unless the Secretary develops an alternative evaluation
that is properly validated and that includes standards and criteria similar to
those adopted by the State Board. All other provisions of this section shall
apply if an evaluation is used other than one adopted by the State Board.
(b) Action Plans. – If a certificated licensed
employee in a participating school that has been identified as low‑performing
receives an unsatisfactory or below standard rating on any function of the
evaluation that is related to the employee's instructional duties, the
individual or team that conducted the evaluation shall recommend to the
principal that: (i) the employee receive an action plan designed to improve the
employee's performance; or (ii) the principal recommend to the Secretary that
the employee be dismissed or demoted as provided in G.S. 115C‑325.
The principal shall determine whether to develop an action plan or to
recommend a dismissal proceeding. The person who evaluated the employee or the
employee's supervisor shall develop the action plan unless an assistance team
or assessment team conducted the evaluation. If an assistance team or
assessment team conducted the evaluation, that team shall develop the action
plan in collaboration with the employee's supervisor. Action plans shall be
designed to be completed within 90 instructional days or before the beginning
of the next school year. The State Board, in consultation with the Secretary,Board
shall develop guidelines that include strategies to assist in evaluating certificated
licensed personnel and developing effective action plans within the
time allotted under this section. The Secretary State Board may
adopt policies for the development and implementation of action plans or
professional development plans for personnel who do not require action plans
under this section.
(c) Reevaluation. – Upon completion of an action plan under subsection (b) of this section, the principal or the assessment team shall evaluate the employee a second time. If on the second evaluation the employee receives one unsatisfactory or more than one below standard rating on any function that is related to the employee's instructional duties, the principal shall recommend that the employee be dismissed or demoted under G.S. 115C‑325. The results of the second evaluation shall constitute substantial evidence of the employee's inadequate performance.
(d) State Board Notification. – If the Secretary
dismisses an employee is dismissed for any reason except a reduction
in force under G.S. 115C‑325(e)(1)l., the Secretary shall notify
the State Board shall be notified of the action, and the State Board
annually shall provide to all local boards of education the names of those
individuals. If a local board hires one of these individuals, that local board
shall proceed under G.S. 115C‑333(d).
…."
SECTION 12. Individuals who have not obtained career status prior to the 2013‑2014 school year shall be eligible for career status in accordance with G.S. 115C‑325, as reenacted and amended by this act.
SECTION 13. Notwithstanding any provisions of law to the contrary, any local board of education that has offered a four‑year contract of employment to a teacher as of the effective date of this act shall provide for the performance of that contract, including that the teacher shall receive a five-hundred-dollar ($500.00) annual pay raise for each year of the four‑year contract, unless the teacher has not accepted the offer by June 30, 2014, or the parties to the contract mutually agree that the contract is void. Regardless of whether a teacher is employed on a four‑year contract beginning with the 2014‑2015 school year, any teacher who had obtained career status as of the 2013‑2014 school year shall retain career status in accordance with G.S. 115C‑325, as reenacted and amended by this act.
SECTION 14. G.S. 115C‑325, as reenacted and amended by this act, shall apply to any teacher employed on a contract beginning July 1, 2014. If any provisions of G.S. 115C‑325 are in conflict with the terms of a teacher's employment contract, the provisions of the individual's employment contract shall control for the term of that contract, except for any terms related to the renewal of the contract. At the end of the term of the teacher's contract, the teacher shall be employed solely in accordance with G.S. 115C‑325. Renewal decisions of teachers employed on a contract beginning July 1, 2014, shall also be governed solely by G.S. 115C‑325.
SECTION 15. This act is effective when it becomes law.
