State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-146_8

§ 143B‑146.8.  Evaluation of certificatedpersonnel and principals; action plans; State Board notification.

(a)        Annual Evaluations; Low‑Performing Schools. – Theprincipal shall evaluate at least once each year all certificated personnelassigned to a participating school that has been identified as low‑performingbut 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 or an assessment team assigned under G.S. 143B‑146.9shall conduct the evaluation. If the employee is a school administrator asdefined under G.S. 115C‑287.1(a)(3), the Superintendent shall conduct theevaluation.

Notwithstanding this subsection or any other law, the principal shallobserve at least three times annually, a teacher shall observe at least onceannually, and the principal shall evaluate at least once annually, all teacherswho have not attained career status. All other employees defined as teachersunder G.S. 115C‑325(a)(6) who are assigned to participating schools thatare not designated as low‑performing shall be evaluated annually unlessthe Secretary adopts rules that allow specified categories of teachers withcareer status to be evaluated more or less frequently. The Secretary also mayadopt rules requiring the annual evaluation of noncertificated personnel. Thissection shall not be construed to limit the duties and authority of anassistance team assigned to a low‑performing school.

The Secretary shall use the State Board's performance standards andcriteria unless the Secretary 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 ifan evaluation is used other than one adopted by the State Board.

(b)        Action Plans. – If a certificated employee in aparticipating school that has been identified as low‑performing receivesan unsatisfactory or below standard rating on any function of the evaluationthat is related to the employee's instructional duties, the individual or teamthat conducted the evaluation shall recommend to the principal that: (i) theemployee receive an action plan designed to improve the employee's performance;or (ii) the principal recommend to the Secretary that the employee be dismissedor demoted. The principal shall determine whether to develop an action plan orto recommend a dismissal proceeding. The person who evaluated the employee orthe employee's supervisor shall develop the action plan unless an assistanceteam or assessment team conducted the evaluation. If an assistance team orassessment team conducted the evaluation, that team shall develop the actionplan in collaboration with the employee's supervisor. Action plans shall bedesigned to be completed within 90 instructional days or before the beginningof the next school year. The State Board, in consultation with the Secretary,shall develop guidelines that include strategies to assist in evaluatingcertificated personnel and developing effective action plans within the timeallotted under this section. The Secretary may adopt policies for thedevelopment and implementation of action plans or professional developmentplans for personnel who do not require action plans under this section.

(c)        Reevaluation. – Upon completion of an action plan undersubsection (b) of this section, the principal or the assessment team shallevaluate the employee a second time. If on the second evaluation the employeereceives one unsatisfactory or more than one below standard rating on anyfunction that is related to the employee's instructional duties, the principalshall recommend 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 the Secretary dismisses anemployee for any reason except a reduction in force under G.S. 115C‑325(e)(1)l.,the Secretary shall notify the State Board of the action, and the State Boardannually shall provide to all local boards of education the names of thoseindividuals. If a local board hires one of these individuals, that local boardshall proceed under G.S. 115C‑333(d).

(e)        Civil Immunity. – There shall be no liability for negligenceon the part of the Secretary or the State Board, or their employees, arisingfrom any action taken or omission by any of them in carrying out this section.The immunity established by this subsection shall not extend to grossnegligence, wanton conduct, or intentional wrongdoing that would otherwise beactionable. The immunity established by this subsection is waived to the extentof indemnification by insurance, indemnification under Articles 31A and 31B ofChapter 143 of the General Statutes, and to the extent sovereign immunity is waivedunder the Tort Claims Act, as set forth in Article 31 of Chapter 143 of theGeneral Statutes.

(f)         Evaluation of Principals. – Each year the Secretary or theSuperintendent shall evaluate the principals. (1998‑131, s. 5; 2005‑195, s. 6.)