State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-333

Part 7.  Personnel Evaluations.

§ 115C‑333.  Evaluation of certified employeesincluding certain superintendents; action plans; State board notification upondismissal of employees.

(a)        Annual Evaluations; Low‑Performing Schools. – Localschool administrative units shall evaluate at least once each year allcertified employees assigned to a school that has been identified as low‑performing,but has not received an assistance team. The evaluation shall occur earlyenough during the school year to provide adequate time for the development andimplementation of an action plan if one is recommended under subsection (b) ofthis 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 anassessment team assigned under G.S. 115C‑334 shall conduct theevaluation. If the employee is a school administrator as defined under G.S.115C‑287.1(a)(3), either the superintendent or the superintendent'sdesignee shall conduct the evaluation.

Notwithstanding this subsection or any other law, all teachers who havenot attained career status shall be observed at least three times annually bythe principal or the principal's designee and at least once annually by ateacher and shall be evaluated at least once annually by a principal. All otheremployees defined as teachers under G.S. 115C‑325(a)(6) who are assignedto schools that are not designated as low‑performing shall be evaluatedannually unless a local board adopts rules that allow specified categories ofteachers with career status to be evaluated more or less frequently. Localboards also may adopt rules requiring the annual evaluation of noncertifiedemployees. This section shall not be construed to limit the duties and authorityof 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 adoptedby the State Board unless the board develops an alternative evaluation that isproperly validated and that includes standards and criteria similar to thoseadopted by the State Board. All other provisions of this section shall apply ifa local board uses an evaluation other than one adopted by the State Board.

(b)        Action Plans. –

(1)        If a certified employee in a low‑performing schoolreceives an unsatisfactory or below standard rating on any function of theevaluation that is related to the employee's instructional duties, theindividual or team that conducted the evaluation shall recommend to thesuperintendent that: (i) the employee receive an action plan designed toimprove the employee's performance; or (ii) the superintendent recommend to thelocal board that the employee be dismissed or demoted. The superintendent shalldetermine whether to develop an action plan or to recommend a dismissalproceeding. Action plans shall be developed by the person who evaluated theemployee or the employee's supervisor unless the evaluation was conducted by anassistance team or an assessment team. If the evaluation was conducted by anassistance team or an assessment team, that team shall develop the action planin collaboration with the employee's supervisor. Action plans shall be designedto be completed within 90 instructional days or before the beginning of the nextschool year. The State Board shall develop guidelines that include strategiesto assist local boards in evaluating certified employees and developingeffective action plans within the time allotted under this section. Localboards may adopt policies for the development and implementation of actionplans or professional development plans for employees who do not require actionplans under this section.

(2)        Local boards shall adopt policies to require action plansfor all certified employees who receive a below standard or unsatisfactoryrating on an evaluation in the event the superintendent does not recommenddismissal, demotion, or nonrenewal.

(c)        Reevaluation. – Upon completion of an action plan undersubdivision (1) of subsection (b) of this section, the superintendent, thesuperintendent's designee, or the assessment team shall evaluate the employee asecond time. If on the second evaluation the employee receives oneunsatisfactory or more than one below standard rating on any function that isrelated to the employee's instructional duties, the superintendent shallrecommend that the employee be dismissed or demoted under G.S. 115C‑325.The results of the second evaluation shall constitute substantial evidence ofthe employee's inadequate performance.

(d)        State Board Notification. – If a local board dismisses anemployee for any reason except a reduction in force under G.S. 115C‑325(e)(1) shall notify the State Board of the action, and the State Board annuallyshall provide to all local boards the names of those individuals. If a localboard hires one of these individuals, within 60 days the superintendent or thesuperintendent's designee shall observe the employee, develop an action plan toassist the employee, and submit the plan to the State Board. The State Boardshall review the action plan and may provide comments and suggestions to thesuperintendent. If on the next evaluation the employee receives anunsatisfactory or below standard rating on any function that is related to theemployee's instructional duties, the local board shall notify the State Boardand the State Board shall revoke the employee's certificate under G.S. 115C‑296(d).If on the next evaluation the employee receives at least a satisfactory ratingon all the functions related to the employee's instructional duties, the localboard shall notify the State Board that the employee is in good standing andthe State Board shall not continue to provide the individual's name to localboards under this subsection unless the employee is subsequently dismissedunder G.S. 115C‑325 except for a reduction in force.

(e)        Civil Immunity. – There shall be no liability for negligenceon the part of the State Board of Education or a local board of education, ortheir employees, arising from any action taken or omission by any of them incarrying out the provisions of this section. The immunity established by thissubsection shall not extend to gross negligence, wanton conduct, or intentionalwrongdoing that would otherwise be actionable. The immunity established by thissubsection shall be deemed to have been waived to the extent of indemnificationby insurance, indemnification under Articles 31A and 31B of Chapter 143 of theGeneral Statutes, and to the extent sovereign immunity is waived under the TortClaims Act, as set forth in Article 31 of Chapter 143 of the General Statutes.

(f)         Local Board Evaluation of Certain Superintendents. – Eachyear the local board of education shall evaluate the superintendent employed bythe local school administrative unit and report to the State Board the resultsof that evaluation if during that year the State Board designated as low‑performing:

(1)        One or more schools in a local school administrative unitthat has no more than 10 schools.

(2)        Two or more schools in a local school administrative unitthat has no more than 20 schools.

(3)        Three or more schools in a local school administrative unitthat has more than 20 schools. (1998‑5, s. 4; 1998‑220, ss. 14, 15.)