Bill Text: NC H794 | 2011-2012 | Regular Session | Amended
Bill Title: Modify Teacher Career Status Law
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2011-04-07 - Ref To Com On State Personnel [H794 Detail]
Download: North_Carolina-2011-H794-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 794*
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Short Title: Modify Teacher Career Status Law. |
(Public) |
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Sponsors: |
Representatives Cotham, M. Alexander, Keever, and Johnson (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
State Personnel. |
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April 7, 2011
A BILL TO BE ENTITLED
AN ACT to modify the law relating to career status for public school 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:
(1d) "Case manager" means a person
selected under G.S. 115C‑325(h)(7).
(4c) "Hearing officer" means a person selected under G.S. 115C‑325(h)(7).
(e) (3) Inadequate
Performance. In determining whether the professional performance of a career
employee is adequate, consideration shall be given to regular and special
evaluation reports prepared in accordance with the published policy of the
employing local school administrative unit and to any published standards of
performance which shall have been adopted by the board. Failure to notify a
career employee of an inadequacy or deficiency in his performance
shall be conclusive evidence of satisfactory performance. Inadequate
performance for a teacher as defined in G.S. 115C‑325(a)(6) shall
mean (i) the failure to perform at a proficient level on any standard of the
evaluation instrument or (ii) otherwise performing in a manner that is below
standard. However, for a probationary teacher who has not yet earned a
Professional Standards II license, a performance rating below proficient may or
may not be deemed adequate at that state of development by a superintendent or
designee.
(h) Procedure for Dismissal or Demotion of Career Employee.
(1) a. A career employee may not be dismissed, demoted, or reduced to part‑time employment except upon the superintendent's recommendation.
b. G.S. 115C‑325(f2) shall apply to the demotion of a career school administrator.
(2) Before recommending to a board the dismissal or
demotion of the career employee, the superintendent shall give written notice
to the career employee 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 or demotion is justified. The
superintendent also shall meet with the career employee and give him written
notice of the charges against him, an explanation of the basis for the charges,
and an opportunity to respond if the career employee has not done so under G.S. 115C‑325(f)(1).
The notice shall include a statement to the effect that if the career employee
within 14 days after the date of receipt of the notice requests a review, he or
she shall be entitled may request to have the grounds for the
proposed recommendations of the superintendent reviewed by a case manager. an
impartial hearing officer appointed by the Department of Public Instruction as
provided for in G.S. 115C‑325(h1). A copy of G.S. 115C‑325
and a current list of case managers shall also be sent to the career
employee. If the career employee does not request a hearing with a case
manager before a hearing officer within the 14 days provided, the
superintendent may submit his recommendation to the board.
(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 hearing officer or (ii) a
hearing within 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.hearing officer.
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 hearing officer is filed with the superintendent. Failure
of the hearing officer to submit the report as required by G.S. 115C‑325(i1)(2)
shall entitle the career employee to a hearing before the board under the same
procedures as provided in G.S.115C‑325(j).
(4) Repealed by Session Laws 1997, c. 221, s. 13(a).
(5) If the career employee elects to request
a hearing by a case manager, the career employee and superintendent shall each
have the right to eliminate up to one‑third of the names on the approved
list of case managers. The career employee shall specify those case managers
who are not acceptable in the career employee's request for a review of the
superintendent's proposed recommendation under G.S. 115C‑325(h)(3).
The superintendent and career employee may jointly select a person to serve as
case manager. The person need not be on the master list of case managers
maintained by the Superintendent of Public Instruction.
(6) If a career employee requests a review by a case
manager, hearing officer, the superintendent shall notify the Superintendent
of Public Instruction within two days' five days of his or her receipt
of the request. The notice shall contain a list of the case managers the
career employee and the superintendent have eliminated from the master list or
the name of a person, if any, jointly selected. Failure to exercise the right
to eliminate names from the master list shall constitute a waiver of that
right.
(7) The Within five work days of being
notified of the request for a hearing before a hearing officer, the
Superintendent of Public Instruction shall selectsubmit to both
parties a list of hearing officers trained and approved by the
Department of Public Instruction.case manager within three days of
receiving notice from the superintendent. Within five work days of
receiving the list, the parties may jointly select a hearing officer from that
list, or, if the parties cannot agree to a hearing officer, each party may
strike up to one‑third of the names on the list and submit their
strikeout list to the Superintendent of Public Instruction. The
Superintendent of Public Instruction shall then appoint a hearing officer
from those individuals remaining on the list. designate the person
jointly selected by the parties to serve as case manager provided the person
agrees to serve as case manager and can meet the requirements for time frames
for the hearing and report as provided in G.S. 115C‑325(i1)(1). If a
case manager was not jointly selected or if the case manager is not available,
the Superintendent of Public Instruction shall select a case manager from the
master list. Further, the parties may jointly agree on another hearing
officer not on the Department of Public Instruction's list, provided that
individual is available to proceed in a timely manner and is willing to accept
the terms of appointment required by the State Board of Education. No
person eliminated by the career employee or superintendent shall be designated case
manager,as the hearing officer for that case.
(8) The superintendent and career employee shall provide
each other serve a copy to the other party of all documents with
copies of all documents submitted to the Superintendent of Public
Instruction and/or to the designated case manager.hearing
officer and include a signed certificate of service similar to that required in
court pleadings.
(h1) Case Managers;Hearing Officers;
Qualifications; Training; Compensation.
(1) Each year the State Board of Education shall select
and maintain a master list of no more than 42 15 qualified case
managers.hearing officers. The State Board shall remove a hearing
officer from the list who has failed to conduct a hearing or prepare a report
within the time specified in G.S. 115C‑325(i1) or who has failed to
submit a supplemental report in accordance with G.S. 115C‑325(i1)(4)
or (j1)(2). A hearing officer shall also be removed from the list for failure
to meet the terms and conditions of engagement established by the State Board.
Additionally, if a hearing officer is not appointed to a case within a two‑year
period due to repeated strikes from the list by either party as provided in G.S. 115C‑325(h)(6),
the State Board may remove the hearing officer from the master list.
(2) Persons selected by the State Board as case
managershearing officers shall be be: (i) certified as a
North Carolina Superior Court mediator; (ii) a member of the American
Arbitration Association's roster of arbitrators and mediators; or (iii) have
comparable certification in alternative dispute resolution. Case managers members
in good standing of the North Carolina State Bar who have demonstrated
experience and expertise in the areas of education law, due process,
administrative law, or employment law within the last five years. The State
Board shall give special consideration in its selection to persons jointly endorsed
by the largest of each statewide organization representing teachers, school
administrators, and local boards of education. Following State Board selection,
hearing officers must complete a special training course approved by the
State Board of Education.Education that includes training on the
teacher evaluation instrument and performance standards before they are
qualified to hear teacher dismissal or demotion cases.
(3) The State Board of Education shall determine the
compensation for a case manager.hearing officer. The State Board
shall pay the hearing officer's case manager's compensation and reimbursement
forauthorized expenses.
(i) Repealed by Session Laws 1997, c. 221, s. 13(a).
(i1) Report of Case Manager;Hearing Officer;
Superintendent's Recommendation.
(1) The case manager hearing officer shall
complete the hearing held in accordance with G.S. 115C‑325(j) and
prepare the report within 10 90 days from the time of the
designation. This time period may be extended only for extraordinary cause
and upon written agreement by both parties. The case manager may extend
the period of time by up to five additional days if the case manager informs
the superintendent and the career employee that justice requires that a greater
time be spent in connection with the investigation and the preparation of the
report. Furthermore, the superintendent and the career employee may agree to an
extension of more than five days.The State Board of Education shall
determine an appropriate reduction in compensation to the hearing officer for
failure to submit a timely report to the superintendent within the maximum 90‑day
period set forth in this subdivision, except upon a showing of good cause by
the hearing officer.
(2) The case manager hearing officer shall
make all necessary findings of fact, based upon the preponderance of the
evidence, on all issues related to each and every ground for dismissal and on
all relevant matters related to the question of whether the superintendent's
recommendation is justified. The hearing officer shall not make a
recommendation as to conclusions of law or the disposition of the case. The
case manager also shall make a recommendation as to whether the findings of
fact substantiate the superintendent's grounds for dismissal. The case
managerhearing officer shall deliver copies of the report to
the superintendent and the career employee.
(3) Within two five work days after
receiving the case manager's hearing officer's report, the
superintendent shall decide whether to submit a written recommendation to the
local board for dismissal, demotion, or disciplinary suspension without pay to
the board or to drop the charges against the career employee. The
superintendent shall notify the career employee, in writing, of the decision.
(4) If the superintendent contends that the case
manager's hearing officer's report fails to address a critical
factual issue, the superintendent shall within three days five work days'
receipt of the case manager's hearing officer's report,
request in writing with a copy to the career employee that the case manager hearing
officer prepare a supplement to the report. The superintendent shall
specify what critical factual issue the superintendent contends the case
manager hearing officer failed to address. If the case manager hearing
officer determines that the report failed to address a critical factual
issue, the case manager may hearing officer shall prepare a
supplement to the report to address the issue and deliver the supplement to
both parties before the board hearing. In no event shall the hearing officer
take more than 30 days to provide a supplemental report. If the hearing officer
fails to submit a timely supplemental report, the superintendent shall report
the hearing officer to the State Board. The State Board shall determine an
appropriate reduction in compensation to the hearing officer for failure to
submit a timely supplemental report to both parties, except upon a showing of
good cause by the hearing officer. The failure of the case manager hearing
officer to prepare a supplemental report or to address a critical factual
issue shall not constitute a basis for appeal.
(j) Hearing by a Case Manager.Hearing
Officer. The following provisions shall apply to a hearing conducted by
the case manager.hearing officer.
(1) The hearing shall be private.
(2) The hearing shall be conducted in accordance with
reasonable rules and regulations adopted by the State Board of Education to
govern such case manager hearings.
(3) At the hearing the career employee and the 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.
(4) Rules of evidence shall not apply to a hearing
conducted by a case manager and the case manager hearing officer. The
hearing officer 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 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. At least three days before the hearing, the
career employee shall provide to the superintendent a list of witnesses the
career employee intends to present, a brief statement of the nature of the
testimony of each witness and a copy of any documentary evidence the career
employee intends to present. Additional witnesses or documentary evidence may
not be presented except upon a finding by the case manager hearing
officer that the new evidence is critical to the matter at issue and the
party making the request could not, with reasonable diligence, have discovered
and produced the evidence according to the schedule provided in this subdivision.
(5a) The hearing shall be completed within three work days after commencement, unless extended by the hearing officer on a showing of extraordinary cause. Neither party shall have more than eight hours to present its case in chief, which does not include cross examination of witnesses, rebuttal evidence, or arguments of counsel.
(6) The case manager hearing officer may subpoena
issue subpoenas, at his or her discretion or upon written application by
either party, and swear witnesses and may require them to give testimony
and to produce records and documents relevant to the grounds for dismissal.
(7) The case manager hearing officer shall
decide all procedural issues, including limiting cumulative evidence, necessary
for a fair and efficient hearing.
(8) The superintendent shall provide for making a
transcript of the hearing. If the career employee contemplates a hearing before
the board or to appeal the board's decision to a court of law, the career
employee may request and shall receive at no charge a transcript of the
proceedings before the case manager. hearing officer.
(j1) Board Determination.
(1) Within two five work 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 five work 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 five work 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 hearing
officer's report and a copy of the transcript of the case manager hearing.
(2) If the career employee contends that the case
manager's hearing officer's report fails to address a critical
factual issue the career employee shall, at the same time he notifies the
superintendent of a request for a board hearing pursuant to G.S. 115C‑325(j1)(1),
request in writing with a copy to the superintendent that the case manager hearing
officer prepare a supplement to the case manager's hearing
officer's report. The career employee shall specify the critical factual
issue he contends the case manager hearing officer failed to
address. If the case manager hearing officer determines that the
report failed to address a critical factual issue, the case manager may hearing
officer shall prepare a supplement to the report to address the issue and
shall deliver the supplement to both parties before the board hearing. In no
event shall the hearing officer take more than 30 days to provide a
supplemental report. If the hearing officer fails to submit a timely
supplemental report, the superintendent shall report the hearing officer to the
State Board. The State Board shall determine an appropriate reduction in
compensation to the hearing officer for failure to submit a timely supplemental
report to both parties, except upon a showing of good cause by the hearing
officer. The failure of the case manager hearing officer to
prepare a supplemental report or to address a critical factual issue shall not
constitute a basis for appeal.
(3) Within two five work days after
receiving the superintendent's recommendation and before taking any formal
action, the board shall set a time and place for the hearing and shall notify
the career employee by certified mail or personal delivery of the date, time,
and place of the hearing. The time specified shall not be less than seven 10
nor nor more than 30 10 days after the board has
notified the career employee, unless both parties agree to an extension. If the
career employee did not request a hearing, the board may, by resolution, reject
the superintendent's decision, or accept or modify the decision and dismiss,
demote, reinstate, or suspend the career employee without pay.
(4) If the career employee requests a board hearing, it shall be conducted in accordance with G.S. 115C‑325(j2).
(5) The board shall make a determination and may (i) reject the superintendent's recommendation or (ii) accept or modify the recommendation and dismiss, demote, reinstate, or suspend the employee without pay.
(6) Within two days following the hearing, the board shall send a written copy of its findings and determination to the career employee and the superintendent.
."
SECTION 2. G.S. 115C‑333 reads as rewritten:
"§ 115C‑333.
Evaluation of certified licensed employees including certain
superintendents; action mandatory improvement plans; State board
notification upon dismissal of employees.
(a) Annual Evaluations; Low‑Performing Schools.
Local school administrative units shall evaluate at least once each year all certified
licensed employees assigned to a school that has been identified aslow‑performing,
but has not received an assistance team. low‑performing. The
evaluation shall occur early enough during the school year to provide adequate
time for the development and implementation of an action a mandatory
improvement 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, the assistant principal who supervises the teacher, or an
assessment assistance team assigned under G.S. 115C‑334
G.S. 115C‑105.38 shall conduct the evaluation. If the
employee is a school administrator as defined under G.S. 115C‑287.1(a)(3),
either the superintendent or the superintendent's designee shall conduct the
evaluation.
Notwithstanding this subsection or any other law, all
teachers in low‑performing schools who have not attained career
status shall be observed at least three times annually by the principal or the
principal's designee and at least once annually by a teacher and shall be
evaluated at least once annually by a principal. All other employees defined
as teachers under G.S. 115C‑325(a)(6) who are assigned to schools
that are not designated as low‑performing shall be evaluated annually
unless a local board adopts rules that allow specified categories of teachers
with career status to be evaluated more or less frequently. Local boards also
may adopt rules requiring the annual evaluation of noncertified employees. This
section shall not be construed to limit the duties and authority of an
assistance team assigned to a low‑performing school under G.S. 115C‑105.38.
A local board shall use the performance standards and criteria adopted by the State Board unless the board 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 a local board uses an evaluation other than one adopted by the State Board.
(b) Mandatory Improvement Action Plans.
(1) A mandatory improvement plan is an instrument designed to improve a teacher's performance or the performance of any certified/licensed employee in a low‑performing school by providing the individual with notice of specific performance areas that have substantial deficiencies and a set of strategies, including the specific support to be provided to the individual, so that the individual, within a reasonable period of time, should satisfactorily resolve such deficiencies. The mandatory improvement plan will be utilized only if the superintendent or superintendent's designee determines that an individual, monitored, or directed growth plan will not satisfactorily address the deficiencies.
(1)(2) If a licensedcertified employee
in a low‑performing school receives an unsatisfactory or below
standard rating on any function of the evaluation that is related to the
employee's instructional duties, a rating on any standard on an
evaluation that is below proficient or otherwise represents unsatisfactory or
below standard performance in an area that the teacher was expected to
demonstrate, the individual or team that conducted the evaluation shall
recommend to the superintendent that: (i) the employee receive an action a
mandatory improvement plan designed to improve the employee's performance;
or (ii) the superintendent recommend to the local board that the employee be
dismissed or demoted. If the individual or team that conducted the
evaluation elects not to make either of the above recommendations, the said
individual or team shall notify the superintendent of this decision. The
superintendent shall determine whether to develop an action a
mandatory improvement plan or to recommend a dismissal proceeding. Action
Mandatory improvement plans shall be developed by the person who
evaluated the employee or the employee's supervisor unless the evaluation was
conducted by an assistance team or an assessment team. If the evaluation
was conducted by an assistance team or an assessment team, that team
shall develop the action mandatory improvement plan in
collaboration with the employee's supervisor. Action Mandatory
improvement plans shall be designed to be completed within 90 instructional
days or before the beginning of the next school year. The State Board shall
develop guidelines that include strategies to assist local boards in evaluating
certified licensed employees and developing effective action mandatory
improvement plans within the time allotted under this section. Local boards
may adopt policies for the development and implementation of action mandatory
improvement plans and policies for the implementation of monitored and
directed growth plans. or professional development plans for employees
who do not require action plans under this section.
(2) Local boards shall adopt policies to
require action plans for all certified employees who receive a below standard
or unsatisfactory rating on an evaluation in the event the superintendent does
not recommend dismissal, demotion, or nonrenewal.
(c) Reevaluation. Reassessment of Employee
in a Low‑Performing School. After the expiration of the time
period for the mandatory improvement planUpon completion of an action
plan under subdivision (1) of subsection (b)(2) of this
section, the superintendent, the superintendent's designee, or the assessment
assistance team shall evaluate assess the performance of the
employee of the low‑performing school a second time. If the
superintendent, superintendent's designee, or assistance team determines that
the employee has failed to become proficient in any of the performance
standards articulated in the mandatory improvement plan or demonstrate
sufficient improvement toward such standards, 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 superintendent shall recommend that the employee be dismissed
or demoted under G.S. 115C‑325. The results of the second evaluation
assessment shall constitute substantial evidence of the employee's
inadequate performance.
(d) State Board Notification. If a local board
dismisses an employee of a lowperforming school for any reason except a
reduction in force under G.S. 115C‑325(e)(1)l.G.S. 115C‑325(e)(1)l.,
it shall notify the State Board of the action, and the State Board annually
shall provide to all local boards the names of those individuals. If a local
board hires one of these individuals, within 60 days the superintendent or the
superintendent's designee shall observe the employee, develop an action a
mandatory improvement plan to assist the employee, and submit the plan to
the State Board. The State Board shall review the action mandatory
improvement plan and may provide comments and suggestions to the
superintendent. If on the next evaluation the employee receives a rating on
any standard that was identified as an area of concern on the mandatory
improvement plan that is again below proficient or otherwise represents
unsatisfactory or below standard performance,an unsatisfactory or below
standard rating on any function that is related to the employee's instructional
duties, the local board shall notify the State Board and the State Board
shall initiate a proceeding to revoke the employee's certificate license
under G.S. 115C‑296(d). If on the this next
evaluation the employee receives at least a satisfactory proficient rating
on all of the performance standards functions that were
identified as areas of concern on the mandatory improvement plan, related
to the employee's instructional duties, the local board shall notify the
State Board that the employee is in good standing and the State Board shall not
continue to provide the individual's name to local boards under this subsection
unless the employee is subsequently dismissed under G.S. 115C‑325
except for a reduction in force.
(e) Civil Immunity. There shall be no liability for negligence on the part of the State Board of Education or a local board of education, or their employees, arising from any action taken or omission by any of them in carrying out the provisions of this section. The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this subsection shall be deemed to have been waived to the extent of indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the General Statutes.
(f) Local Board Evaluation of Certain Superintendents. Each year the local board of education shall evaluate the superintendent employed by the local school administrative unit and report to the State Board the results of that evaluation if during that year the State Board designated as low‑performing:
(1) One or more schools in a local school administrative unit that has no more than 10 schools.
(2) Two or more schools in a local school administrative unit that has no more than 20 schools.
(3) Three or more schools in a local school administrative unit that has more than 20 schools."
SECTION 3. Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑333.1. Evaluation of teachers in schools not identified as low‑performing; mandatory improvement plans; State Board notification upon dismissal of teachers.
(a) Annual Evaluations. All teachers who are assigned to schools that are not designated as low‑performing and who have not attained career status shall be observed at least three times annually by the principal or the principal's designee and at least once annually by a teacher and shall be evaluated at least once annually by a principal. All teachers with career status who are assigned to schools that are not designated as low‑performing shall be evaluated annually unless a local board adopts rules that allow teachers with career status to be evaluated more or less frequently. Local boards also may adopt rules requiring the annual evaluation of nonlicensed employees. A local board shall use the performance standards and criteria adopted by the State Board unless the board 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 a local board uses an evaluation other than one adopted by the State Board.
(b) Mandatory Improvement Plans for Teachers. If, in an observation report or year‑end evaluation, a teacher receives a rating that is below proficient or otherwise represents unsatisfactory or below standard performance on any standard that the teacher was expected to demonstrate, the principal may place the teacher on a mandatory improvement plan as defined in G.S. 115C‑333(b)(1). If at any time a teacher engages in inappropriate conduct or performs inadequately to such a degree that such conduct or performance causes substantial harm to the educational environment, and immediate dismissal or demotion is not appropriate, then the principal may immediately institute a mandatory improvement plan regardless of any ratings on previous evaluations. The principal shall document the exigent reason for immediately instituting such a plan. The mandatory improvement plan shall be developed by the principal in consultation with the teacher. The teacher shall have five instructional days from receipt of the proposed mandatory improvement plan to request a modification of such plan before it is implemented, and the principal shall consider such suggested modifications before finalizing the plan. The teacher shall have at least 60 instructional days to complete the mandatory improvement plan. The State Board shall develop guidelines that include strategies to assist local boards in evaluating teachers and developing effective mandatory improvement plans. Local boards may adopt policies for the implementation of mandatory improvement plans under this section.
(c) Observation by a Qualified Observer.
(1) The term "qualified observer" as used in this section is any administrator or teacher who is licensed by the North Carolina Department of Public Instruction and working in North Carolina; any employee of the North Carolina Department of Public Instruction who is trained in evaluating licensed employees; or any instructor or professor who teaches in an accredited North Carolina school of education and holds an educator's license.
(2) The local board of education shall create a list of qualified observers who are employed by that board and available to do observations of employees on mandatory improvement plans. This list shall be limited to names of administrators and teachers selected by the school improvement teams in the school system. The school improvement teams shall strive to select administrators and teachers with excellent reputations for competence and fairness.
(3) Any teacher, other than a teacher assigned to a school designated as low‑performing, who has been placed on a mandatory improvement plan shall have a right to be observed by a qualified observer in the area or areas of concern identified in the mandatory improvement plan. The affected teacher and the principal shall jointly choose the qualified observer within 20 instructional days after the commencement of the mandatory improvement plan. If the teacher and the principal cannot agree on a qualified observer within this time period, they each shall designate a person from the list of qualified observers created pursuant to subdivision (2) of this subsection and these two designated persons shall choose a qualified observer within five instructional days of their designation. The qualified observer shall draft a written report assessing the teacher in the areas of concern identified in the mandatory improvement plan. The report shall be submitted to the principal before the end of the mandatory improvement plan period. If a teacher or administrator from the same school district is selected to serve as the qualified observer, the administration of the school district must provide such qualified observer with the time necessary to conduct the observation and prepare a report. If someone who is not employed by the same school district is selected to serve as the qualified observer, the teacher who is the subject of the mandatory improvement plan will be responsible for any expenses related to the observations and/or reports prepared by the qualified observer. The qualified observer will not unduly disrupt the classroom when conducting an observation.
(4) No local board of education or employee of a local board of education shall discharge, threaten, or otherwise retaliate against another employee of the board regarding that employee's compensation, terms, conditions, location, or privileges of employment because of the employee's service or completion of a report as an objective observer pursuant to this subsection, unless the employee's report contained material information that the employee knew was false.
(d) Reassessment of the Teacher. Upon completion of a mandatory improvement plan under subdivision (b)(1) of this section, the principal shall assess the performance of the teacher a second time. The principal shall also review and consider any report provided by the qualified observer under subdivision (b)(2) of this section if one has been submitted before the end of the mandatory improvement plan period. If, after the second assessment of the teacher and consideration of any report from the qualified observer, the superintendent or superintendent's designee determines that the teacher has failed to become proficient in any of the performance standards identified as deficient in the mandatory improvement plan or demonstrate sufficient improvement towards such standards, the superintendent may recommend that the teacher be dismissed or demoted under G.S. 115C‑325. The results of the second assessment produced pursuant to the terms of this subsection shall constitute substantial evidence of the teacher's inadequate performance.
(e) Dismissal Proceedings Without a Mandatory Improvement Plan. The absence of a mandatory improvement plan as described in this section shall not prohibit a superintendent from initiating a dismissal proceeding against a career employee under the provisions of G.S. 115C‑325. However, the superintendent shall not be entitled to the "substantial evidence" provision in subsection (d) of this section if such mandatory improvement plan is not utilized.
(f) State Board Notification. If a local board dismisses a teacher for any reason except a reduction in force under G.S. 115C‑325(e)(1)l., it shall notify the State Board of the action, and the State Board annually shall provide to all local boards the names of those teachers. If a local board hires one of these teachers, within 60 days the superintendent or the superintendent's designee shall observe the teacher, develop a mandatory improvement plan to assist the teacher, and submit the plan to the State Board. The State Board shall review the mandatory improvement plan and may provide comments and suggestions to the superintendent. If on the next evaluation the teacher receives a rating on any standard that was an area of concern on the mandatory improvement plan that is again below proficient or a rating that otherwise represents unsatisfactory or below standard performance, the local board shall notify the State Board, and the State Board shall initiate a proceeding to revoke the teacher's license under G.S. 115C‑296(d). If on the next evaluation the teacher receives at least a proficient rating on all of the overall performance standards that were areas of concern on the mandatory improvement plan, the local board shall notify the State Board that the teacher is in good standing and the State Board shall not continue to provide the teacher's name to local boards under this subsection unless the teacher is subsequently dismissed under G.S. 115C‑325 except for a reduction in force. If, however, on this next evaluation the teacher receives a "developing" rating on any standards that were areas of concern on the mandatory improvement plan, the teacher shall have one more year to bring the rating to proficient. If, by the end of this second year, the teacher is not proficient in all standards that were areas of concern on the mandatory improvement plan, the local board shall notify the State Board, and the State Board shall initiate a proceeding to revoke the teacher's license under G.S. 115C‑296(d).
(g) Civil Immunity. There shall be no liability for negligence on the part of the State Board of Education or a local board of education, or their employees, arising from any action taken or omission by any of them in carrying out the provisions of this section. The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this subsection shall be deemed to have been waived to the extent of indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the General Statutes."
SECTION 4. G.S. 115C‑288 reads as rewritten:
"§ 115C‑288. Powers and duties of principal.
(i) To Evaluate Certified Licensed Employees
and Develop Action Mandatory Improvement Plans. Each school
year, the principal assigned to a low‑performing school that has not
received an assistance team shall provide for the evaluation of all certified
licensed employees assigned to the school. The principal also shall
develop action mandatory improvement plans as provided under G.S. 115C‑333(b)
and shall monitor an employee's progress under an action a mandatory
improvement plan.
."
SECTION 5. G.S. 115C‑334 reads as rewritten:
"§ 115C‑334. Assessment teams.
The State Board shall develop guidelines for local boards to use to create assessment teams. A local board shall assign an assessment team to every low‑performing school in the local school administrative unit that has not received an assistance team. Local boards shall ensure that assessment team members are trained in the proper administration of the employee evaluation used by the local school administrative unit. If service on an assessment team is an additional duty for an employee of a local board, the board may pay the employee for that additional work.
Assessment teams shall have the following duties:
(1) Conduct evaluations of certified licensed
employees in low‑performing schools;
(2) Provide technical assistance and training to
principals, assistant principals, superintendents, and superintendents'
designees who conduct evaluations of certified licensed employees;
(3) Develop action mandatory improvement plans
for certified licensed employees; and
(4) Assist principals, assistant principals,
superintendents, and superintendents' designees in the development and
implementation of action mandatory improvement plans."
SECTION 6. G.S. 115C‑335 reads as rewritten:
"§ 115C‑335.
Development of performance standards and criteria for certifiedlicensed
employees; training and remediation programs.
(b) Training. The State Board, in collaboration with
the Board of Governors of The University of North Carolina, shall develop
programs designed to train principals and superintendents in the proper
administration of the employee evaluations developed by the State Board. The
Board of Governors shall use the professional development programs for public
school employees that are under its authority to make this training available
to all principals and superintendents at locations that are geographically
convenient to local school administrative units. The programs shall include
methods to determine whether an employee's performance has improved student
learning, the development and implementation of appropriate action professional
growth and mandatory improvement plans, the process for contract
nonrenewal, and the dismissal process under G.S. 115C‑325. The Board
of Governors shall ensure that the subject matter of the training programs is
incorporated into the masters in school administration programs offered by the
constituent institutions. The State Board, in collaboration with the Board of
Governors, also shall develop in‑service programs for certified licensed
public school employees that may be included in an action a
mandatory improvement plan created under G.S. 115C‑333(b). The
Board of Governors shall use the professional development programs for public
school employees that are under its authority to make this training available
at locations that are geographically convenient to local school administrative units."
SECTION 7. This act is effective when it becomes law.
