§ 115C-105.39. Dismissal or removal of personnel; appointment of interim superintendent. - North Carolina Statutes

§ 115C‑105.39. Dismissal or removal of personnel; appointment of interim superintendent.

(a)        Within 30 days of the initial identification of a school aslow‑performing, whether by the local school administrative unit underG.S. 115C‑105.37(a1) or by the State Board under G.S. 115C‑105.37(a),the superintendent shall take one of the following actions concerning theschool's principal: (i) recommend to the local board that the principal beretained in the same position, (ii) recommend to the local board that theprincipal be retained in the same position and a plan of remediation should bedeveloped, (iii) recommend to the local board that the principal betransferred, or (iv) proceed under G.S. 115C‑325 to dismiss or demote theprincipal. The principal may be retained in the same position without a planfor remediation only if the principal was in that position for no more than twoyears before the school is identified as low‑performing. The principalshall not be transferred to another principal position unless (i) it is in aschool classification in which the principal previously demonstrated at least 2years of success, (ii) there is a plan to evaluate and provide remediation tothe principal for at least one year following the transfer to assure the principaldoes not impede student performance at the school to which the principal isbeing transferred; and (iii) the parents of the students at the school to whichthe principal is being transferred are notified. The principal shall not betransferred to another low‑performing school in the local schooladministrative unit. If the superintendent intends to recommend demotion ordismissal, the superintendent shall notify the local board. Within 15 days of(i) receiving notification that the superintendent intends to proceed underG.S. 115C‑325, or (ii) its decision concerning the superintendent'srecommendation, but no later than September 30, the local board shall submit tothe State Board a written notice of the action taken and the basis for thataction. If the State Board does not assign an assistance team to that school orif the State Board assigns an assistance team to that school and thesuperintendent proceeds under G.S. 115C‑325 to dismiss or demote theprincipal, then the State Board shall take no further action. If the StateBoard assigns an assistance team to the school and the superintendent is notproceeding under G.S. 115C‑325 to dismiss or demote the principal, thenthe State Board shall vote to accept, reject, or modify the local board'srecommendations. The State Board shall notify the local board of its actionwithin five days. If the State Board rejects or modifies the local board'srecommendations and does not recommend dismissal of the principal, the StateBoard's notification shall include recommended action concerning theprincipal's assignment or terms of employment. Upon receipt of the StateBoard's notification, the local board shall implement the State Board'srecommended action concerning the principal's assignment or terms of employmentunless the local board asks the State Board to reconsider that recommendation.The State Board shall provide an opportunity for the local board to be heardbefore the State Board acts on the local board's request for a reconsideration.The State Board shall vote to affirm or modify its original recommended actionand shall notify the local board of its action within five days. Upon receiptof the State Board's notification, the local board shall implement the StateBoard's final recommended action concerning the principal's assignment or termsof employment. If the State Board rejects or modifies the local board's actionand recommends dismissal of the principal, the State Board shall proceed underG.S. 115C‑325(q)(1).

(b)        The State Board shall proceed under G.S. 115C‑325(q)(2)for the dismissal of teachers, assistant principals, directors, and supervisorsassigned to a school identified as low‑performing in accordance with G.S.115C‑325(q)(2).

(c)        The State Board may appoint an interim superintendent in a localschool administrative unit:

(1)        Upon the identification of more than half the schools inthat unit as low‑performing under G.S. 115C‑105.37; or

(2)        Upon the recommendation from an assistance team assigned toa school located in that unit that has been identified as low‑performingunder G.S. 115C‑105.37. This recommendation shall be based upon a findingthat the superintendent has failed to cooperate with the assistance team or hasotherwise hindered that school's ability to improve.

The State Board may assign any of the powers and duties of the localsuperintendent and the local finance officer to the interim superintendent thatthe Board considers are necessary or appropriate to improve student performancein the local school administrative unit. The interim superintendent shallperform all of these assigned powers and duties. The State Board of Educationmay terminate the contract of any local superintendent entered into on or afterJuly 1, 1996, when it appoints an interim superintendent. The AdministrativeProcedure Act shall apply to that decision. Neither party to that contract isentitled to damages.

(d)        In the event the State Board has appointed an interimsuperintendent and the State Board determines that the local board of educationhas failed to cooperate with the interim superintendent or has otherwisehindered the ability to improve student performance in that local schooladministrative unit or in a school in that unit, the State Board may suspendany of the powers and duties of the local board of education that the StateBoard considers are necessary or appropriate to improve student performance inthe local school administrative unit. The State Board shall perform all ofthese assigned powers and duties for a period of time to be specified by theState Board.

(e)        If the State Board suspends any of the powers and duties ofthe local board of education under subsection (d) of this section andsubsequently determines it is necessary to change the governance of the localschool administrative unit in order to improve student performance, the StateBoard may recommend this change to the General Assembly, which shall consider,at its next session, the future governance of the identified local schooladministrative unit. (1995 (Reg. Sess., 1996), c. 716, s. 3; 1998‑59, s. 2.)