State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-146_7

§ 143B‑146.7.  Consequences for personnel at low‑performingschools.

(a)        Within 30 days of the initial identification of a school aslow‑performing, whether by the Secretary under G.S. 143B‑146.5(b)or by the State Board under G.S. 143B‑146.5(a), the Secretary shall takeone of the following actions concerning the school's principal: (i) decidewhether the principal should be retained in the same position, (ii) decidewhether the principal should be retained in the same position and a plan ofremediation should be developed, (iii) decide whether the principal should betransferred, or (iv) proceed under the State Personnel Act to dismiss or demotethe principal. The principal may be retained in the same position without aplan for remediation only if the principal was in that position for no morethan two years before the school is identified as low‑performing. Theprincipal shall not be transferred to another position unless (i) it is in aprincipal position in which the principal previously demonstrated at least twoyears of success, (ii) there is a plan to evaluate and provide remediation tothe principal for at least one year following the transfer to assure theprincipal does not impede student performance at the school to which theprincipal is being transferred; and (iii) the parents of the students at theschool to which the principal is being transferred are notified. The principalshall not be transferred to another low‑performing school. The Secretarymay, at any time, proceed under the State Personnel Act for the dismissal ofany principal who is assigned to a low‑performing school to which anassistance team has been assigned. The Secretary shall proceed under the StatePersonnel Act for the dismissal of any principal when the Secretary receivesfrom the assistance team assigned to that school two consecutive evaluationsthat include written findings and recommendations regarding the principal'sinadequate performance. The Secretary shall order the dismissal of theprincipal if the Secretary determines from available information, including thefindings of the assistance team, that the low performance of the school is dueto the principal's inadequate performance. The Secretary may order thedismissal of the principal if (i) the Secretary determines that the school hasnot made satisfactory improvement after the State Board assigned an assistanceteam to that school; and (ii) the assistance team makes the recommendation todismiss the principal. The Secretary may order the dismissal of a principal beforethe assistance team assigned to the principal's school has evaluated thatprincipal if the Secretary determines from other available information that thelow performance of the school is due to the principal's inadequate performance.The burden of proof is on the principal to establish that the factors leadingto the school's low performance were not due to the principal's inadequateperformance. The burden of proof is on the Secretary to establish that theschool failed to make satisfactory improvement after an assistance team wasassigned to the school. Two consecutive evaluations that include writtenfindings and recommendations regarding that person's inadequate performancefrom the assistance team are substantial evidence of the inadequate performanceof the principal. Within 15 days of the Secretary's decision concerning theprincipal, but no later than September 30, the Secretary shall submit to theState Board a written notice of the action taken and the basis for that action.

(b)        At any time after the State Board identifies a school as low‑performingunder this Part, the Secretary shall proceed under G.S. 115C‑325(p1) forthe dismissal of certificated instructional personnel assigned to that school.

(c)        At any time after the State Board identifies a school as low‑performingunder this Part, the Secretary shall proceed under the State Personnel Act forthe dismissal of instructional personnel who are not certificated when theSecretary receives two consecutive evaluations that include written findingsand recommendations regarding that person's inadequate performance from theassistance team. These findings and recommendations shall be substantialevidence of the inadequate performance of the instructional personnel. TheSecretary may proceed under the State Personnel Act for the dismissal ofinstructional personnel who are not certificated when: (i) the Secretarydetermines that the school has failed to make satisfactory improvement afterthe State Board assigned an assistance team to that school; and (ii) that theassistance team makes the recommendation to dismiss that person for a reasonthat constitutes just cause for dismissal under the State Personnel Act.

(d)        The certificated instructional personnel working in aparticipating school at the time the school is identified by the State Board aslow‑performing are subject to G.S. 115C‑105.38A.

(e)        The Secretary may terminate the contract of a schooladministrator dismissed under this section. Nothing in this section shallprevent the Secretary from refusing to renew the contract of any personemployed in a school identified as low‑performing under this Part. (1998‑131, s. 5; 2005‑195, s. 5.)