North Carolina § 115C-325 - 1. (See Editor's note for applicability) Definitions.

§ 115C-325. 1. (See Editor's note for applicability) Definitions.

Except as otherwise provided in G.S. 115C-325 , as used in this Part, the following definitions apply: "Day" means calendar day. In computing any period of time, Rule 6 of the North Carolina Rules of Civil Procedure shall apply. "Demote" means to reduce the salary of a person who is classified or paid by the State Board of Education as a classroom teacher or as a school administrator during the time of the contract. The word "demote" does not include the following: A suspension without pay pursuant to G.S. 115C-325.5(a). The elimination or reduction of bonus payments, including merit-based supplements or a systemwide modification in the amount of any applicable local supplement. Any reduction in salary that results from the elimination of a special duty, such as the duty of an athletic coach or a choral director. Any reduction of pay as compared to a prior term of contract. Any reduction in a principal's salary resulting from a reduction in State funds due to (i) school growth scores, as provided in the Principal Salary Schedule, or (ii) a decline in the average daily membership of the principal's school. "Disciplinary suspension" means a final decision to suspend a teacher or school administrator without pay for no more than 60 days under G.S. 115C-325.5(b). "Residential school" means a school operated by the Department of Health and Human Services that provides residential services to students pursuant to Part 3A of Article 3 of Chapter 143B of the General Statutes or a school operated pursuant to Article 9C of Chapter 115C of the General Statutes. "School administrator" means a principal, assistant principal, supervisor, or director whose major function includes the direct or indirect supervision of teaching or any other part of the instructional program, as provided in G.S. 115C-287.1(a)(3). "Teacher" means a person meeting each of the following requirements: Who holds a current professional educator's license. Whose major responsibility is to teach or directly supervise teaching or who is classified by the State Board of Education or is paid either as a classroom teacher or instructional support personnel. Who is employed to fill a full-time, permanent position. "Year" means a calendar year beginning July 1 and ending June 30. History (2013-360, s. 9.6(b); 2017-157, s. 2(h); 2017-189, s. 6(c); 2018-5, s. 8.2(f).) Editor's Note. - Session Laws 2013-360, s. 9.6(e), provides: "The State Board of Education shall develop by rule as provided in Article 2A of Chapter 150B of the General Statutes a model contract for use by local boards of education in awarding teacher contracts. The State Board may adopt a temporary rule for a model contract as provided in G.S. 150B-21.1 to provide a contract to local boards of education no later than January 1, 2014, but shall replace the temporary rule with a permanent rule as soon as practicable." Session Laws 2013-360, s. 9.6(g), provides: "Beginning September 1, 2013, to June 30, 2014, all superintendents shall review the performance and evaluations of all teachers who have been employed by the local board for at least three consecutive years. Based on these reviews, the superintendent shall identify and recommend to the local board twenty-five percent (25%) of those teachers employed by the local board for at least three consecutive years to be awarded four-year contracts beginning with the 2014-2015 school year. The superintendent shall not recommend to the local board any teacher for a four-year contract unless that teacher has shown effectiveness as demonstrated by proficiency on the teacher evaluation instrument. The local board of education shall review the superintendent's recommendation and may approve that recommendation or may select other teachers as part of the twenty-five percent (25%) to offer four-year contracts, but the local board shall not offer any teacher a four-year contract unless that teacher has shown effectiveness as demonstrated by proficiency on the teacher evaluation instrument. Contract offers shall be made and accepted no later than June 30, 2014. A teacher shall cease to be employed pursuant to G.S. 115C-325 and voluntarily relinquishes career status or any claim of career status by acceptance of a four-year contract as provided in this section." Session Laws 2013-360, s. 9.6(h), provides: "Teachers employed by a local board of education on a four-year contract beginning with the 2014-2015 school year shall receive a five hundred dollar ($500.00) annual pay raise for each year of the four-year contract." Session Laws 2013-360, s. 9.6(j), as amended by Session Laws 2017-157, s. 2(m), provides: "Subsection (b) of this section becomes effective July 1, 2014. G.S. 115C-325.1 through G.S. 115C-325.13 , as enacted by this section, shall apply to all teachers on one-, two-, or four-year contracts beginning July 1, 2014." 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. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2017-189, s. 7(a) made the amendment to subdivision (6)a. by Session Laws 2017-189, s. 6(c), effective July 27, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2017-157, s. 2(h), effective July 27, 2017, inserted "Except as otherwise provided in G.S. 115C-325 " in the introductory paragraph. Session Laws 2017-189, s. 6(c), effective July 27, 2017, rewrote subdivision 6(a). which formerly read: "Who holds at least one of the following licenses issued by the State Board of Education:" For effective date and applicability, see editor's note. Session Laws 2018-5, s. 8.2(f), effective July 1, 2018, added subdivision (2)e. and made stylistic changes. Legal Periodicals. - For article, "Us Got The Bestest Teachers in The Everywhere: North Carolina Public School Teacher Employment Problems, Interests, and Potential Solutions," see 36 Campbell L. Rev. 303 (2014).