North Carolina § 115C-325 - 9. (See Editor's note for applicability) Teacher resignation.

§ 115C-325. 9. (See Editor's note for applicability) Teacher resignation.

Teacher Resignation Following Recommendation for Dismissal. - If a teacher has been recommended for dismissal under G.S. 115C-325.4 and the teacher chooses to resign without the written agreement of the superintendent, then: The superintendent shall report the matter to the State Board of Education. The teacher shall be deemed to have consented to (i) the placement in the teacher's personnel file of the written notice of the superintendent's intention to recommend dismissal and (ii) the release of the fact that the superintendent has reported this teacher to the State Board of Education to prospective employers, upon request. The provisions of G.S. 115C-321 shall not apply to the release of this particular information. The teacher shall be deemed to have voluntarily surrendered his or her license pending an investigation by the State Board of Education in a determination whether or not to seek action against the teacher's license. This license surrender shall not exceed 45 days from the date of resignation. Provided further that the cessation of the license surrender shall not prevent the State Board of Education from taking any further action it deems appropriate. The State Board of Education shall initiate investigation within five working days of the written notice from the superintendent and shall make a final decision as to whether to revoke or suspend the teacher's license within 45 days from the date of resignation. Thirty Days' Notice Resignation Requirement. - A teacher who is not recommended for dismissal should not resign during the term of the contract without the consent of the superintendent unless he or she has given at least 30 days' notice. If a teacher who is not recommended for dismissal does resign during the term of the contract without giving at least 30 days' notice, the board may request that the State Board of Education revoke the teacher's license for the remainder of that school year. A copy of the request shall be placed in the teacher's personnel file. If a teacher's criminal history is relevant to the teacher's resignation, regardless of whether the teacher has given at least 30 days' notice, the board shall report to the State Board of Education the reason for an employee's resignation. History (2013-360, s. 9.6(b); 2017-189, s. 4(f).) Editor's Note. - 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. 38.5, is a severability clause. Session Laws 2017-189, s. 7(a) made the amendment to subsection (b) by Session Laws 2017-189, s. 4(f), effective July 27, 2017, and applicable beginning with the 2017-2018 school year. Effect of Amendments. - Session Laws 2017-189, s. 4(f), effective July 27, 2017, added the last sentence in subdivision (b). For effective date and applicability, see editor's note.