State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-287_1

§ 115C‑287.1.  Method of employment ofprincipals, assistant principals, supervisors, and directors.

(a)        (1)        Beginning July 1, 1995, allpersons employed as school administrators shall be employed pursuant to thissection.

(2)        Notwithstanding G.S. 115C‑287.1(a)(1), the followingschool administrators shall be employed pursuant to G.S. 115C‑325:

a.         School administrators who, as of July 1, 1995, are servingin a principal or supervisor position with career status in that position; and

b.         School administrators who, as of July 1, 1995, are servingin a principal or supervisor position and who are eligible to achieve careerstatus on or before June 30, 1997.

A school administrator shall cease to be employedpursuant to G.S. 115C‑325 if the school administrator: (i) voluntarilyrelinquishes career status or the opportunity to achieve career status throughpromotion, resignation, or otherwise; or (ii) is dismissed or demoted or whosecontract 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 indirectsupervision of teaching or of any other part of the instructional program.

(4)        Nothing in this section shall be construed to confer careerstatus on any assistant principal or director, or to make an assistantprincipal eligible for career status as an assistant principal or a directoreligible for career status as a director.

(b)        Local boards of education shall employ school administratorswho are ineligible for career status as provided in G.S. 115C‑325(c)(3),upon the recommendation of the superintendent. The initial contract between aschool administrator and a local board of education shall be for two to fouryears, ending on June 30 of the final 12 months of the contract. In the case ofa subsequent contract between a principal or assistant principal and a localboard of education, the contract shall be for a term of four years. In the caseof an initial contract between a school administrator and a local board ofeducation, the first year of the contract may be for a period of less than 12months provided the contract becomes effective on or before September 1. Alocal board of education may, with the written consent of the schooladministrator, extend, renew, or offer a new school administrator's contract atany time after the first 12 months of the contract so long as the term of thenew, renewed, or extended contract does not exceed four years. Rolling annualcontract renewals are not allowed. Nothing in this section shall be construedto prohibit the filling of an administrative position on an interim ortemporary basis.

(c)        The term of employment shall be stated in a written contractthat shall be entered into between the local board of education and the schooladministrator. The school administrator shall not be dismissed or demotedduring the term of the contract except for the grounds and by the procedure bywhich 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 boardof education that the school administrator be offered a new, renewed, orextended contract, the superintendent shall submit the recommendation to thelocal board for action. The local board may approve the superintendent'srecommendation 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 ofeducation offer a new, renewed, or extended school administrator's contract tothe school administrator, the superintendent shall give the schooladministrator written notice of his or her decision and the reasons for his orher decision no later than May 1 of the final year of the contract. Thesuperintendent's reasons may not be arbitrary, capricious, discriminatory,personal, or political. No action by the local board or further notice to theschool administrator shall be necessary unless the school administrator fileswith the superintendent a written request, within 10 days of receipt of thesuperintendent's decision, for a hearing before the local board. Failure tofile a timely request for a hearing shall result in a waiver of the right to appealthe superintendent's decision. If a school administrator files a timely requestfor a hearing, the local board shall conduct a hearing pursuant to theprovisions of G.S. 115C‑45(c) and make a final decision on whether tooffer the school administrator a new, renewed, or extended schooladministrator'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 shallnotify the school administrator of its decision by June 1 of the final year ofthe 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 offerthe school administrator a new, renewed, or extended school administrator'scontract is subject to judicial review in accordance with Article 4 of Chapter150B of the General Statutes.

(e)        Repealed by Session Laws 1995, c. 369, s. 1.

(f)         If the superintendent or the local board of education failsto notify a school administrator by June 1 of the final year of the contractthat the school administrator will not be offered a new school administrator'scontract, the school administrator shall be entitled to 30 days of additionalemployment or severance pay beyond the date the school administrator receiveswritten notice that a new contract will not be offered.

(g)        If, prior to appointment as a school administrator, theschool administrator held career status as a teacher in the local schooladministrative unit in which he or she is employed as a school administrator, aschool administrator shall retain career status as a teacher if the schooladministrator is not offered a new, renewed, or extended contract by the localboard of education, unless the school administrator voluntarily relinquishedthat right or is dismissed or demoted pursuant to G.S. 115C‑325.

(h)        An individual who holds a provisional assistant principal'scertificate 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 intoone‑year contracts with a school administrator who holds a provisionalassistant principal's certificate. If the school administrator held careerstatus as a teacher in the local school administrative unit prior to beingemployed as an assistant principal and the State Board for any reason does notextend the school administrator's provisional assistant principal'scertificate, the school administrator shall retain career status as a teacherunless the school administrator voluntarily relinquished that right or isdismissed or demoted under G.S. 115C‑325. Nothing in this subsection orG.S. 115C‑284(c) shall be construed to require a local board to extend orrenew the contract of a school administrator who holds a provisional assistantprincipal's certificate. (1993, c. 210, s. 6; 1993(Reg. Sess., 1994), c. 677, s. 16(a); 1995, c. 369, s. 1; 1998‑220, s.16; 1999‑30, s. 3; 2003‑291, s. 1.)