State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-105_38A

§ 115C‑105.38A. Teacher competency assurance.

(a)        General Knowledge Test. –

(1)        Each assistance team assigned to a low‑performingschool during the 1997‑98 school year shall review the team's evaluationsof certified staff members to determine which staff members have beendesignated by the team as Category 3 teachers. The assistance team shall thendetermine whether lack of general knowledge contributed to the Category 3designation. If the assistance team determines that a certified staff member'slack of general knowledge contributed to that staff member being designated asa Category 3 teacher, the assistance team shall submit the staff member's nameto the State Board. Upon receipt of the notification, the State Board shallrequire that the certified staff members identified by the assistance teamsdemonstrate their general knowledge by acquiring a passing score on a testdesignated by the State Board. The State Board shall administer the generalknowledge test required under this subdivision at the end of the 1997‑98school year.

(2)        During the 1998‑99 school year and thereafter, eitherthe principal assigned to a low‑performing school or the assistance teamassigned to a low‑performing school may recommend to the State Board thata certified staff member take a general knowledge test. A principal or anassistance team may make this recommendation if the principal or the assistanceteam determines that the certified staff member's performance is impaired bythe staff member's lack of general knowledge. After receipt of thenotification, but prior to the end of the fiscal year, the State Board shallrequire that all certified staff members identified under this subdivisiondemonstrate their general knowledge by acquiring a passing score on a testdesignated by the State Board.

(b)        Repealed by Session Laws 1998‑5, s. 1.

(c)        Remediation. – Certified staff members who do not acquire apassing score on the test required under subsection (a) of this section shallengage in a remediation plan based upon the deficiencies identified by thetest, or an assistance team, or a principal. The remediation plan fordeficiencies of individual certified staff members shall consist of up to asemester of university or community college training or coursework or othersimilar activity to correct the deficiency. The remediation shall be developedby the State Board of Education in consultation with the Board of Governors ofThe University of North Carolina. The State Board shall reimburse theinstitution providing the remediation any tuition and fees incurred under thissection. If the remediation plan requires that the staff member engage in afull‑time course of study or training, the staff member shall beconsidered on leave with pay.

(d)        Retesting; Dismissal. – Upon completion of the remediationplan required under subsection (c) of this section, the certified staff membershall take the general knowledge test a second time. If the certified staffmember fails to acquire a passing score on the second test, the State Board shallbegin a dismissal proceeding under G.S. 115C‑325(q)(2a).

(e)        Repealed by Session Laws 1998‑5, s.1.

(f)         Other Actions Not Precluded. – Nothing in this sectionshall be construed to restrict or postpone the following actions:

(1)        The dismissal of a principal under G.S. 115C‑325(q)(1);

(2)        The dismissal of a teacher, assistant principal, director,or supervisor under G.S. 115C‑325(q)(2);

(3)        The dismissal or demotion of a career employee for any ofthe grounds listed under G.S. 115C‑325(e);

(4)        The nonrenewal of a school administrator's or probationaryteacher's contract of employment; or

(5)        The decision to grant career status.

(g)        Repealed by Session Laws 1998‑5, s. 1. (1997‑221, s. 3(a); 1998‑5, s. 1.)