Makes numerous amendments to GS 115C-325, relating to the system of employment for public school teachers and procedures for dismissal or demotion, including: (1) provides that failure to notify a career employee of deficiency in performance is conclusive evidence of satisfactory performance; (2) defines “inadequate performance” by a teacher to include (a) failure to perform at a proficient level on any standard of the evaluation instrument or (b) otherwise performing in a below standard manner, but giving superintendents some flexibility with regard to probationary teachers; (3) changes the designation case manager to hearing officer, requires that hearing officers be members of the N.C. State Bar, and modifies procedures for maintaining a master list of hearing officers and selection of a hearing officer; (4) increases from 10 days to 90 days the time within which a hearing officer must submit a report following a hearing, requires that any supplemental report be made within 30 days of request, and provides for compensation reduction for failing to meet either deadline without good cause; (5) limits role of hearing officer to making findings of fact and prohibits making recommendations about conclusions of law or disposition of the case; (6) increases from two days to five work days the time after receiving a hearing officer’s report within which a superintendent must decide whether to make a written recommendation to the local board for particular action or to drop the charges, and makes comparable time limit changes in relation to action by a local board; and (7) limits hearings to three work days unless extended for extraordinary cause, and limits each party to a maximum of eight hours to present its case in chief. Makes conforming changes replacing occurrences of the term case manager with hearing officer.
Rewrites GS 115C-333, relating to evaluation of licensed (formerly, certified) teachers, to require annual evaluation of all licensed employees at all low-performing schools (was, at low performing schools that had not been assigned an assistance team). Requires all teachers in low-performing schools who have not attained career status (was, all teachers who have not achieved career status) to be observed at least three times annually by the principal or the principal’s designee and at least once annually by a teacher, and at least once annually by a principal. Replaces action plans with mandatory improvement plans, which are defined as instruments to improve the performance of a teacher or any certified/licensed employee in a low-performing school by providing the individual with notice of specific performance areas where there are deficiencies and a set of strategies to address those deficiencies. Provides that if a licensed employee in a low-performing school receives a rating on any standard on an evaluation that is below proficient, unsatisfactory, or below standard, the individual or team conducting the evaluation is to recommend to the superintendent (1) that the employee receive a mandatory improvement plan or (2) that the employee be dismissed or demoted. Provides that if the evaluation person or team elects not to make either recommendation then the decision to mandate an improve plan or recommend a dismissal proceeding lies with the superintendent. Provides additional guidelines regarding implementing a mandatory improvement plan. Makes conforming changes by deleting references to action plans.
Provides for the reassessment of an employee in a low-performing school after the time period for the completion of the mandatory improvement plan has expired. Directs the superintendent to recommend that the employee be dismissed or demoted under GS 115C-325 if the employee has failed to become proficient in any of the performance standards noted in the mandatory improvement plan.
Requires a local board that dismisses an employee of a low-performing school for any reason except a reduction in force under GS 115C-325(e)(1)1. to notify the State Board of Education (SBE) of the dismissal. Directs the SBE to provide annually the names of those dismissed individuals to all local boards of education. Provides process of evaluation to be followed if a local board hires one of the individuals previously dismissed.
Enacts new GS 115C-333.1 requiring teachers assigned to schools that are not designated as low-performing and who do not have career status to be observed at least three times annually by the principal or the principal’s designee, at least once annually by a teacher, and at least once annually by a principal. Requires all teachers with career status and who are assigned to schools that are not designated as low-performing to be evaluated annually unless a local board adopts rules that allow career status teachers to be evaluated more or less frequently. Authorizes local boards to also adopt rules requiring the annual evaluation of nonlicensed employees. Provides guidelines regarding the performance standards and criteria to be used for the evaluation.
Delineates provisions for implementing mandatory improvement plans for teachers assigned to schools that are not designated as low-performing. Provides that any teacher placed on a mandatory improvement plan, other than a teacher assigned to a school designated as low-performing, has a right to be observed by a qualified observer in the area or areas of concern identified in the mandatory improvement plan. Defines the term qualified observer as used in this statute and directs local boards of education to create a list of qualified observers who are employed by the local board and available to observe employees on mandatory improvement plans. Provides for the reassessment of a teacher upon completion of a mandatory improvement plan. Provides for review and consideration by the principal of the report from the qualified observer and directs the principal to assess the teacher’s performance a second time. Provides that if after the second assessment and consideration of the qualified observer’s report, the superintendent or the superintendent’s designee determines that the teacher has failed to become proficient in the performance standards identified as deficient, the superintendent may recommend that the teacher be dismissed or demoted under GS 115C-325. Provides that the results of the second assessment constitute substantial evidence of the teacher’s inadequate performance.
Provides that the absence of a mandatory improvement plan does not prohibit a superintendent from dismissing a career employee under the provisions of GS 115C-325; however, the superintendent cannot use the substantial evidence standard if there was no mandatory improvement plan prior to the dismissal. Requires a local board that dismisses an employee of a low-performing school for any reason except a reduction in force under GS 115C-325(e)(1)1. to notify the State Board of Education (SBE) of the dismissal. Directs the SBE to provide annually the names of those dismissed individuals to all local boards of education. Provides process of evaluation to be followed if a local board hires one of the individuals previously dismissed.
Provides that there is no liability for negligence on the part of the SBE, a local board of education, or their employees arising from any act taken or omission in carrying out the provisions of this statute. Does not extend the immunity conferred by this statute to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. Provides criteria regarding when the immunity established in this statute is deemed to have been waived.
Makes conforming changes to GS 115C-288, 115C-334, and 115C-355.