State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-315

Article 21.

Other Employees.

§ 115C‑315.  Hiring of school personnel.

(a)        Janitors and Maids. – In the city administrative units,janitors and maids shall be appointed by the board of education of such localschool administrative unit upon the recommendation of the superintendent.

(b)        Election by Local Boards. – School personnel shall beelected by the local board of education upon the recommendation of thesuperintendent, in accordance with the provisions of G.S. 115C‑276(j).

It is the policy of the State of North Carolina to encourage andprovide for the most efficient and cost‑effective method of meeting theneeds of local school administrative units for noncertified support personnel.To this end, the State Board of Education shall recommend to the GeneralAssembly by November 1, 1984, a system using factors and formulas to determinethe total number of noncertified support personnel allotted to local schooladministrative units. The recommended system for allotting noncertified supportpersonnel shall include the proposed State's funding obligation for thesepositions and shall be developed in consultation with school‑basedsupport personnel or their representatives.

(c)        Prerequisites for Employment. – All professional personnelemployed in the public schools of the State or in schools receiving publicfunds shall be required either to hold or be qualified to hold a certificate incompliance with the provision of the law or in accordance with the regulationsof the State Board of Education: Provided, that nothing herein shall preventthe employment of temporary personnel under such rules as the State Board ofEducation may prescribe.

(d)        Certification for Professional Positions. – The State Boardof Education shall have entire control of certifying all applicants forprofessional positions in all public elementary and high schools of NorthCarolina; and it shall prescribe the rules and regulations for the renewal andextension of all certificates and shall determine and fix the salary for eachgrade and type of certificate which it authorizes: Provided, that the StateBoard of Education shall require each applicant for an initial certificate orgraduate certificate to demonstrate his or her academic and professionalpreparation by achieving a prescribed minimum score at least equivalent to thatrequired by the Board on November 30, 1972, on a standard examinationappropriate and adequate for that purpose: Provided, further, that in the eventthe Board shall specify the National Teachers Examination for this purpose, therequired minimum score shall not be lower than that which the Board required onNovember 30, 1972.

(d1)      Certification for School Nurses. – Notwithstanding any otherprovision of law or rule, school nurses employed in the public schools prior toJuly 1, 1998, shall not be required to be nationally certified to continueemployment. School nurses not certified by the American Nurses' Association orthe National Association of School Nurses shall continue to be paid based onthe noncertified nurse salary range as established by the State Board ofEducation.

(e)        Repealed by Session Laws 1989, c. 385, s. 3.

(f)         Employing Persons Not Holding Nor Qualified to HoldCertificate. – It shall be unlawful for any board of education to employ orkeep in service any professional person who neither holds nor is qualified tohold a certificate in compliance with the provisions of the law or inaccordance with the regulations of the State Board of Education. (1955, c. 1372, art. 5, s. 4; art. 18, ss. 1‑4; 1965, c. 584, s.20.1; 1973, c. 236; 1975, c. 437, s. 7; c. 686, s. 1; c. 731, ss. 1, 2; 1981,c. 423, s. 1; 1983 (Reg. Sess., 1984), c. 1103, s. 9; 1985 (Reg. Sess., 1986),c. 975, s. 16; 1989, c. 385, s. 3; 2002‑126, s. 7.41(a).)