North Carolina § 115C-238 - 68. Employees.

§ 115C-238. 68. Employees.

The board of directors shall appoint all certified and noncertified staff. Principal. - The board of directors shall employ and contract with a principal for a term not to exceed three years. The principal shall meet the requirements for certification set out in G.S. 115C-284, unless waived by the State Board of Education upon submission of a request by the board of directors. The principal shall be responsible for school operations and shall exercise those duties and powers delegated by the board of directors. Teachers. - The board of directors shall employ and contract with necessary teachers to perform the particular service for which they are employed in the school. At least fifty percent (50%) of teachers employed by the board of directors shall hold teacher certificates, unless waived by the State Board of Education upon submission of a request by the board of directors. Leave of absence from local school administrative unit. - If a teacher employed by a local school administrative unit makes a written request for a leave of absence to teach at the regional school, the local school administrative unit shall grant the leave for one year. For the initial year of the regional school's operation, the local school administrative unit may require that the request for a leave of absence be made up to 45 days before the teacher would otherwise have to report for duty. After the initial year of the regional school's operation, the local school administrative unit may require that the request for a leave of absence be made up to 90 days before the teacher would otherwise have to report for duty. A local board of education is not required to grant a request for a leave of absence or a request to extend or renew a leave of absence for a teacher who previously has received a leave of absence from that school board under this subdivision. A teacher who has received a leave of absence to teach at a regional school may return to a public school in the local school administrative unit at the end of the leave of absence or upon the end of employment at the regional school if an appropriate position is available. If a teacher has career status under G.S. 115C-325 prior to receiving a leave of absence to teach at the regional school, the teacher may return to a public school in the local school administrative unit with career status at the end of the leave of absence or upon the end of employment at the regional school if an appropriate position is available. If an appropriate position is unavailable, the teacher's name shall be placed on a list of available teachers in accordance with G.S. 115C-325(e)(2). Noncertified staff. - The board of directors also may employ necessary employees who are not required to hold teacher certificates to perform duties other than teaching and may contract for other services. Employment dismissal. - An employee of the board of directors is not an employee of the local school administrative unit in which the regional school is located. The board of directors may discharge certified and noncertified employees according to the terms of the employment contract. Employee benefits. - Employees of the board of directors shall participate in the Teachers' and State Employees' Retirement System and the State Health Plan on the same terms as employees employed by local boards of education. Exemptions. - Employees of the board of directors shall be exempt from Chapter 126 of the General Statutes, except Articles 6 and 7. History (2011-241, ss. 1, 6(b); 2013-360, s. 9.7(e), (r); 2017-157, s. 2(d), (n).) Editor's Note. - Session Laws 2011-241, s. 1, enacted this section as G.S. 115C-238.56 I. It has been renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2017-157, s. 2(n), repealed Session Laws 2013-360, s. 9.7(r), effective July 21, 2017. Session Laws 2013-360, s. 9.7(r) amended subdivision (3) of this section, effective June 30, 2018, by substituting "has received" for "has career status under G.S. 115C-325 prior to receiving" and deleting "with career status" following "school administrative unit" in the fifth sentence, and deleting the last sentence. Effect of Amendments. - Session Laws 2011-241, s. 6(b), effective June 23, 2011, deleted "and that teacher shall have priority on all positions for which that teacher is qualified" following "available teachers" in the last sentence of subdivision (3). Session Laws 2013-360, s. 9.7(e), effective July 1, 2014, in subdivision (3), rewrote the subsection heading, which formerly read "Career status," and deleted the former first sentence, which read "Employees of the board of directors shall not be eligible for career status." Session Laws 2017-157, s. 2(d), effective July 21, 2017, in subdivision (3) added the fifth sentence, in the second to last sentence substituted "If a teacher has career status" for "A teacher who has career status" and inserted "the teacher." For applicability, see editor's note.