North Carolina § 115C-325 - System of employment for public school teachers.

§ 115C-325. System of employment for public school teachers.

Definition of Terms. - Notwithstanding G.S. 115C-325.1, as used in this section, the following definitions apply, unless the context requires otherwise: Repealed by Session Laws 1997-221, s. 13(a). "Career employee" as used in this section means an employee who was awarded career status with that local board as a teacher prior to August 1, 2013. , (1c) Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. Repealed by Session Laws 2011-348, s. 1, effective July 1, 2011, and applicable to persons recommended for dismissal or demotion on or after that date. Repealed by Session Laws 1997, c. 221, s. 13(a). Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. "Demote" means to reduce the salary of a person who is classified or paid by the State Board of Education as a classroom teacher. The word "demote" does not include: (i) a suspension without pay pursuant to G.S. 115C-325(f)(1); (ii) the elimination or reduction of bonus payments, including merit-based supplements, or a systemwide modification in the amount of any applicable local supplement; or (iii) 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. "Disciplinary suspension" means a final decision to suspend a career employee without pay for no more than 60 days under G.S. 115C-325(f)(2). Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. "Hearing officer" means a person selected under G.S. 115C-325(h)(7). Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. [Expired.] Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. "Teacher" means a person who holds at least a current, not provisional or expired, Class A license or a regular, not provisional or expired, vocational license issued by the State Board of Education; whose major responsibility is to teach or directly supervises teaching or who is classified by the State Board of Education or is paid either as a classroom teacher or instructional support personnel; and who is employed to fill a full-time, permanent position. Redesignated. Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. This section shall apply only to career employees. No person who is employed as a teacher who did not acquire career status as a teacher by August 1, 2013, shall have career status. Personnel Files. - The superintendent shall maintain in his or her office a personnel file for each career employee that contains any complaint, commendation, or suggestion for correction or improvement about the career employee's professional conduct, except that the superintendent may elect not to place in a career employee's file (i) a letter of complaint that contains invalid, irrelevant, outdated, or false information or (ii) a letter of complaint when there is no documentation of an attempt to resolve the issue. The complaint, commendation, or suggestion shall be signed by the person who makes it and shall be placed in the career employee's file only after five days' notice to the employee. Any denial or explanation relating to such complaint, commendation, or suggestion that the career employee desires to make shall be placed in the file. Any career employee may petition the local board of education to remove any information from his or her personnel file that he or she deems invalid, irrelevant, or outdated. The board may order the superintendent to remove said information if it finds the information is invalid, irrelevant, or outdated. through (3) Repealed. (c) (1) through (3) Repealed. Career Employees. A career employee shall not be subjected to the requirement of annual appointment nor shall he or she be dismissed, demoted, or employed on a part-time basis without his or her consent except as provided in subsection (e) of this section. Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. (2) a. Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. Repealed by Session Laws 1997, c. 221, s. 13(a). Subject to G.S. 115C-287.1, when a teacher has performed the duties of supervisor or principal for three consecutive years, the board, near the end of the third year, shall vote upon his or her employment for the next school year. The board shall give him or her written notice of that decision by June 1 of his or her third year of employment as a supervisor or principal. If a majority of the board votes to reemploy the teacher as a principal or supervisor, and it has notified him or her of that decision, it may not rescind that action but must proceed under the provisions of this section. If a majority of the board votes not to reemploy the teacher as a principal or supervisor, he or she shall retain career status as a teacher if that status was attained prior to assuming the duties of supervisor or principal. A supervisor or principal who has not held that position for three years and whose contract will not be renewed for the next school year shall be notified by June 1 and shall retain career status as a teacher if that status was attained prior to assuming the duties of supervisor or principal. Grounds for Dismissal or Demotion of a Career Employee. Grounds. - No career employee shall be dismissed or demoted or employed on a part-time basis except for one or more of the following: Inadequate performance. Immorality. Insubordination. Neglect of duty. Physical or mental incapacity. Habitual or excessive use of alcohol or nonmedical use of a controlled substance as defined in Article 5 of Chapter 90 of the General Statutes. Conviction of a felony or a crime involving moral turpitude. Advocating the overthrow of the government of the United States or of the State of North Carolina by force, violence, or other unlawful means. Failure to fulfill the duties and responsibilities imposed upon teachers by the General Statutes of this State. Failure to comply with such reasonable requirements as the board may prescribe. Any cause which constitutes grounds for the revocation of the career employee's teaching license. A justifiable decrease in the number of positions due to district reorganization, decreased enrollment, or decreased funding, provided that there is compliance with subdivision (2) of this subsection. Failure to maintain his or her license in a current status. Failure to repay money owed to the State in accordance with the provisions of Article 60, Chapter 143 of the General Statutes. Providing false information or knowingly omitting a material fact on an application for employment or in response to a preemployment inquiry. Reduction in Force. - A local board of education shall adopt a policy for implementing a reduction in force pursuant to sub-subdivision (e)(1)l. of this section that includes the following criteria: In determining which positions shall be subject to a reduction, a local board of education shall consider the following: Structural considerations, such as identifying positions, departments, courses, programs, operations, and other areas where there are (i) less essential, duplicative, or excess personnel; (ii) job responsibility and position inefficiencies; (iii) opportunities for combined work functions; and (iv) decreased student or other demands for curriculum, programs, operations, or other services. Organizational considerations, such as anticipated organizational needs of the local school administrative unit and program or school enrollment. In identifying which career employees in similar positions shall be subject to a dismissal, demotion, or reduction to employment on a part-time basis under the policy, a local school administrative unit shall consider work performance and evaluations. Before recommending to a board the dismissal or demotion of the career employee pursuant to G.S. 115C-325(e)(1)l., the superintendent shall give written notice to the career employee by certified mail or personal delivery of his or her intention to make such recommendation and shall set forth as part of his or her recommendation the grounds upon which he or she believes such dismissal or demotion is justified. The notice shall include a statement to the effect that if the career employee within 15 days after receipt of the notice requests a review, he or she shall be entitled to have the proposed recommendations of the superintendent reviewed by the board. Within the 15-day period after receipt of the notice, the career employee may file with the superintendent a written request for a hearing before the board within 10 days. If the career employee requests a hearing before the board, the hearing procedures provided in G.S. 115C-325(j3) shall be followed. If no request is made within the 15-day period, the superintendent may file his or her recommendation with the board. If, after considering the recommendation of the superintendent and the evidence adduced at the hearing if there is one, the board concludes that the grounds for the recommendation are true and substantiated by a preponderance of the evidence, the board, if it sees fit, may by resolution order such dismissal. Provisions of this section which permit a hearing by a hearing officer shall not apply to a dismissal or demotion recommended pursuant to G.S. 115C-325(e)(1)l. Inadequate Performance. - In determining whether the professional performance of a career employee is adequate, consideration shall be given to regular and special evaluation reports prepared in accordance with the published policy of the employing local school administrative unit and to any published standards of performance which shall have been adopted by the board. Failure to notify a career employee of an inadequacy or deficiency in performance shall be conclusive evidence of satisfactory performance. Inadequate performance for a career employee shall mean (i) the failure to perform at a proficient level on any standard of the evaluation instrument or (ii) otherwise performing in a manner that is below standard. For a career employee, a performance rating below proficient shall constitute inadequate performance unless the principal noted on the instrument that the career employee is making adequate progress toward proficiency given the circumstances. Three-Year Limitation on Basis of Dismissal or Demotion. - Dismissal or demotion under subdivision (1) above, except paragraphs g. and o. thereof, shall not be based on conduct or actions which occurred more than three years before the written notice of the superintendent's intention to recommend dismissal or demotion is mailed to the career employee. The three-year limitation shall not apply to dismissals or demotions pursuant to subdivision (1)b. above when the charge of immorality is based upon a career employee's sexual misconduct toward or sexual harassment of students or staff. Suspension without Pay. - If a superintendent believes that cause exists for dismissing a career employee for any reason specified in G.S. 115C-325(e)(1) and that immediate suspension of the career employee is necessary, the superintendent may suspend the career employee without pay. Before suspending a career employee without pay, the superintendent shall meet with the career employee and give him or her written notice of the charges against him or her, an explanation of the bases for the charges, and an opportunity to respond. However, if the career employee is incarcerated or is in the custody of a local, State, private, or federal correctional facility, the superintendent shall not be required to meet with the career employee before suspending that employee without pay but may instead provide written notice of the charges against the employee, provide a written explanation of the basis for the charges, and provide an opportunity for the employee to respond in writing. Within five days after a suspension under this paragraph, the superintendent shall initiate a dismissal, demotion, or disciplinary suspension without pay as provided in this section. If it is finally determined that no grounds for dismissal, demotion, or disciplinary suspension without pay exist, the career employee shall be reinstated immediately, shall be paid for the period of suspension, and all records of the suspension shall be removed from the career employee's personnel file. (f) (1) Suspension without Pay. - If a superintendent believes that cause exists for dismissing a career employee for any reason specified in G.S. 115C-325(e)(1) and that immediate suspension of the career employee is necessary, the superintendent may suspend the career employee without pay. Before suspending a career employee without pay, the superintendent shall meet with the career employee and give him or her written notice of the charges against him or her, an explanation of the bases for the charges, and an opportunity to respond. However, if the career employee is incarcerated or is in the custody of a local, State, private, or federal correctional facility, the superintendent shall not be required to meet with the career employee before suspending that employee without pay but may instead provide written notice of the charges against the employee, provide a written explanation of the basis for the charges, and provide an opportunity for the employee to respond in writing. Within five days after a suspension under this paragraph, the superintendent shall initiate a dismissal, demotion, or disciplinary suspension without pay as provided in this section. If it is finally determined that no grounds for dismissal, demotion, or disciplinary suspension without pay exist, the career employee shall be reinstated immediately, shall be paid for the period of suspension, and all records of the suspension shall be removed from the career employee's personnel file. Disciplinary Suspension Without Pay. - A career employee recommended for disciplinary suspension without pay may request a hearing before the board. If no request is made within 15 days, the superintendent may file his or her recommendation with the board. If, after considering the recommendation of the superintendent and the evidence adduced at the hearing if one is held, the board concludes that the grounds for the recommendation are true and substantiated by a preponderance of the evidence, the board, if it sees fit, may by resolution order such suspension. Board hearing for disciplinary suspensions for more than 10 days or for certain types of intentional misconduct. - The procedures for a board hearing under G.S. 115C-325(j3) shall apply if any of the following circumstances exist: The recommended disciplinary suspension without pay is for more than 10 days; or The disciplinary suspension is for intentional misconduct, such as inappropriate sexual or physical conduct, immorality, insubordination, habitual or excessive alcohol or nonmedical use of a controlled substance as defined in Article 5 of Chapter 90 of the General Statutes, any cause that constitutes grounds for the revocation of the career employee's license, or providing false information. Board hearing for disciplinary suspensions of no more than 10 days. - The procedures for a board hearing under G.S. 115C-325(j2) shall apply to all disciplinary suspensions of no more than 10 days that are not for intentional misconduct as specified in sub-sub-subdivision a.2. of this subdivision. Suspension with Pay. - If a superintendent believes that cause may exist for dismissing or demoting a career employee for any reasons specified in G.S. 115C-325(e)(1), but that additional investigation of the facts is necessary and circumstances are such that the career employee should be removed immediately from his or her duties, the superintendent may suspend the career employee with pay for a reasonable period of time, not to exceed 90 days. The superintendent shall notify the board of education within two days of his or her action and shall notify the career employee within two days of the action and the reasons for it. If the superintendent has not initiated dismissal or demotion proceedings against the career employee within the 90-day period, the career employee shall be reinstated to his or her duties immediately and all records of the suspension with pay shall be removed from the career employee's personnel file at his or her request. However, if the superintendent and the employee agree to extend the 90-day period, the superintendent may initiate dismissal or demotion proceedings against the career employee at any time during the period of the extension. Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. Repealed by Session Laws 1997, c. 221, s. 13(a). Procedure for Dismissal or Demotion of Career Employee. A career employee may not be dismissed, demoted, or reduced to part-time employment except upon the superintendent's recommendation. Before recommending to a board the dismissal or demotion of the career employee, the superintendent shall give written notice to the career employee by certified mail or personal delivery of his or her intention to make such recommendation and shall set forth as part of his or her recommendation the grounds upon which he or she believes such dismissal or demotion is justified. The superintendent also shall meet with the career employee and provide written notice of the charges against the career employee, an explanation of the basis for the charges, and an opportunity to respond if the career employee has not done so under G.S. 115C-325(f)(1). The notice shall include a statement to the effect that if the career employee within 14 days after the date of receipt of the notice requests a review, he or she may request to have the grounds for the proposed recommendations of the superintendent reviewed by an impartial hearing officer appointed by the Superintendent of Public Instruction as provided for in G.S. 115C-325(h)(7). A copy of G.S. 115C-325 shall also be sent to the career employee. If the career employee does not request a hearing before a hearing officer within the 14 days provided, the superintendent may submit his or her recommendation to the board. Within the 14-day period after receipt of the notice, the career employee may file with the superintendent a written request for either (i) a hearing on the grounds for the superintendent's proposed recommendation by a hearing officer or (ii) a hearing within 10 days before the board on the superintendent's recommendation. If the career employee requests an immediate hearing before the board, he or she forfeits his or her right to a hearing by a hearing officer. If no request is made within that period, the superintendent may file his or her recommendation with the board. The board, if it sees fit, may by resolution (i) reject the superintendent's recommendation or (ii) accept or modify the superintendent's recommendation and dismiss, demote, reinstate, or suspend the career employee without pay. If a request for review is made, the superintendent shall not file the recommendation for dismissal with the board until a report of the hearing officer is filed with the superintendent. Failure of the hearing officer to submit the report as required by G.S. 115C-325(i1)(1) shall entitle the career employee to a hearing before the board under the same procedures as provided in G.S. 115C-325(j). Repealed by Session Laws 1997, c. 221, s. 13(a). Repealed by Session Laws 2011-348, s. 1, effective July 1, 2011, and applicable to persons recommended for dismissal or demotion on or after that date. If a career employee requests a review by a hearing officer, the superintendent shall notify the Superintendent of Public Instruction within five days of his or her receipt of the request. Within five days of being notified of the request for a hearing before a hearing officer, the Superintendent of Public Instruction shall submit to both parties a list of hearing officers trained and approved by the State Board of Education. Within five days of receiving the list, the parties may jointly select a hearing officer from that list, or, if the parties cannot agree to a hearing officer, each party may strike up to one-third of the names on the list and submit its strikeout list to the Superintendent of Public Instruction. The Superintendent of Public Instruction shall then appoint a hearing officer from those individuals remaining on the list. Further, the parties may jointly agree on another hearing officer not on the State Board of Education's list, provided that individual is available to proceed in a timely manner and is willing to accept the terms of appointment required by the State Board of Education. No person eliminated by the career employee or superintendent shall be designated as the hearing officer for that case. The superintendent and career employee shall serve a copy to the other party of all documents submitted to the Superintendent of Public Instruction and to the designated hearing officer and include a signed certificate of service similar to that required in court pleadings. Hearing Officers; Qualifications; Training; Compensation. The State Board of Education shall select and maintain a master list of no more than 15 qualified hearing officers. The State Board shall, except for good cause shown, remove a hearing officer from the list who has failed to conduct a hearing or prepare a report within the time specified in G.S. 115C-325(i1) or who has failed to submit a supplemental report in accordance with G.S. 115C-325(i1)(4) or (j1)(2). A hearing officer shall, except for good cause shown, also be removed from the list for failure to meet the terms and conditions of engagement established by the State Board. Additionally, if a hearing officer is not appointed to a case within a two-year period due to repeated strikes from the list by either party as provided in G.S. 115C-325(h)(7), the State Board may remove the hearing officer from the master list. Persons selected by the State Board as hearing officers shall be members in good standing of the North Carolina State Bar who have demonstrated experience and expertise in the areas of education law, due process, administrative law, or employment law within the last five years. The State Board shall give special consideration in its selection to persons jointly endorsed by the largest by membership of each statewide organization representing teachers, school administrators, and local boards of education. Following State Board selection, hearing officers must complete a special training course approved by the State Board of Education that includes training on the teacher evaluation instrument and performance standards before they are qualified to hear teacher dismissal or demotion cases. The State Board of Education shall determine the compensation for a hearing officer. The State Board shall pay the hearing officer's compensation and authorized expenses. Repealed by Session Laws 1997, c. 221, s. 13(a). Report of Hearing Officer; Superintendent's Recommendation. The hearing officer shall complete the hearing held in accordance with G.S. 115C-325(j) and prepare the report within 90 days from the time of the designation. This time period may be extended only for extraordinary cause and upon written agreement by both parties. The State Board of Education shall determine an appropriate reduction in compensation to the hearing officer for failure to submit a timely report to the superintendent within the maximum 90-day period set forth in this subdivision, except upon a showing of good cause by the hearing officer. The hearing officer shall make all necessary findings of fact, based upon the preponderance of the evidence, on all issues related to each and every ground for dismissal and on all relevant matters related to the question of whether the superintendent's recommendation is justified. The hearing officer shall not make a recommendation as to conclusions of law or the disposition of the case. The hearing officer shall deliver copies of the report to the superintendent and the career employee. Within five days after receiving the hearing officer's report, the superintendent shall decide whether to submit a written recommendation to the local board for dismissal, demotion, or disciplinary suspension without pay to the board or to drop the charges against the career employee. The superintendent shall notify the career employee, in writing, of the decision. If the superintendent contends that the hearing officer's report fails to address a critical factual issue, the superintendent shall within five days' receipt of the hearing officer's report, request in writing with a copy to the career employee that the hearing officer prepare a supplement to the report. The superintendent shall specify what critical factual issue the superintendent contends the hearing officer failed to address. If the hearing officer determines that the report failed to address a critical factual issue, the hearing officer shall prepare a supplement to the report to address the issue and deliver the supplement to both parties before the board hearing. In no event shall the hearing officer take more than 30 days to provide a supplemental report. If the hearing officer fails to submit a timely supplemental report, the superintendent shall report the hearing officer to the State Board. The State Board shall determine an appropriate reduction in compensation to the hearing officer for failure to submit a timely supplemental report to both parties, except upon a showing of good cause by the hearing officer. The failure of the hearing officer to prepare a supplemental report or to address a critical factual issue shall not constitute a basis for appeal. Hearing by a Hearing Officer. - The following provisions shall apply to a hearing conducted by the hearing officer. The hearing shall be private. The hearing shall be conducted in accordance with reasonable rules and regulations adopted by the State Board of Education to govern such hearings. At the hearing the career employee and the superintendent or the superintendent's designee shall have the right to be present and to be heard, to be represented by counsel and to present through witnesses any competent testimony relevant to the issue of whether grounds for dismissal or demotion exist or whether the procedures set forth in G.S. 115C-325 have been followed. Rules of evidence shall not apply to a hearing conducted by a hearing officer. The hearing officer may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent persons in the conduct of serious affairs. At least five days before the hearing, the superintendent shall provide to the career employee a list of witnesses the superintendent intends to present, a brief statement of the nature of the testimony of each witness and a copy of any documentary evidence the superintendent intends to present. At least three days before the hearing, the career employee shall provide to the superintendent a list of witnesses the career employee intends to present, a brief statement of the nature of the testimony of each witness and a copy of any documentary evidence the career employee intends to present. Additional witnesses or documentary evidence may not be presented except upon a finding by the hearing officer that the new evidence is critical to the matter at issue and the party making the request could not, with reasonable diligence, have discovered and produced the evidence according to the schedule provided in this subdivision. The hearing shall be completed within three days after commencement, unless extended by the hearing officer on a showing of extraordinary cause. Neither party shall have more than eight hours to present its case in chief, which does not include cross-examination of witnesses, rebuttal evidence, or arguments of counsel. The hearing officer may issue subpoenas, at his or her discretion or upon written application by either party, and swear witnesses and may require them to give testimony and to produce records and documents relevant to the grounds for dismissal. The hearing officer shall decide all procedural issues, including limiting cumulative evidence, necessary for a fair and efficient hearing. The superintendent shall provide for making a transcript of the hearing. If the career employee contemplates a hearing before the board or to appeal the board's decision to a court of law, the career employee may request and shall receive at no charge a transcript of the proceedings before the hearing officer. Board Determination. - Within five days after receiving the superintendent's notice of intent to recommend the career employee's dismissal to the board, the career employee shall decide whether to request a hearing before the board and shall notify the superintendent, in writing, of the decision. If the career employee can show that the request for a hearing was postmarked within the time provided, the career employee shall not forfeit the right to a board hearing. Within five days after receiving the career employee's request for a board hearing, the superintendent shall request that a transcript of the hearing be made. Within five days of receiving a copy of the transcript, the superintendent shall submit to the board the written recommendation and shall provide a copy of the recommendation to the career employee. The superintendent's recommendation shall state the grounds for the recommendation and shall be accompanied by a copy of the hearing officer's report and a copy of the transcript of the hearing. If the career employee contends that the hearing officer's report fails to address a critical factual issue the career employee shall, at the same time he or she notifies the superintendent of a request for a board hearing pursuant to G.S. 115C-325(j1)(1), request in writing with a copy to the superintendent that the hearing officer prepare a supplement to the hearing officer's report. The career employee shall specify the critical factual issue he or she contends the hearing officer failed to address. If the hearing officer determines that the report failed to address a critical factual issue, the hearing officer shall prepare a supplement to the report to address the issue and shall deliver the supplement to both parties before the board hearing. In no event shall the hearing officer take more than 30 days to provide a supplemental report. If the hearing officer fails to submit a timely supplemental report, the superintendent shall report the hearing officer to the State Board. The State Board shall determine an appropriate reduction in compensation to the hearing officer for failure to submit a timely supplemental report to both parties, except upon a showing of good cause by the hearing officer. The failure of the hearing officer to prepare a supplemental report or to address a critical factual issue shall not constitute a basis for appeal. Within five days after receiving the superintendent's recommendation and before taking any formal action, the board shall set a time and place for the hearing and shall notify the career employee by certified mail or personal delivery of the date, time, and place of the hearing. The time specified shall not be less than 10 nor more than 30 days after the board has notified the career employee, unless both parties agree to an extension. If the career employee did not request a hearing, the board may, by resolution, reject the superintendent's decision, or accept or modify the decision and dismiss, demote, reinstate, or suspend the career employee without pay. If the career employee requests a board hearing, it shall be conducted in accordance with G.S. 115C-325(j2). The board shall make a determination and may (i) reject the superintendent's recommendation or (ii) accept or modify the recommendation and dismiss, demote, reinstate, or suspend the employee without pay. Within two days following the hearing, the board shall send a written copy of its findings and determination to the career employee and the superintendent. Board Hearing. - The following procedures shall apply to a hearing conducted by the board: The hearing shall be private. If the career employee requested a hearing by a hearing officer, the board shall receive the following: The whole record from the hearing held by the hearing officer, including a transcript of the hearing, as well as any other records, exhibits, and documentary evidence submitted to the case manager at the hearing. The hearing officer's findings of fact, including any supplemental findings prepared by the hearing officer under G.S. 115C-325 (i1)(4) or G.S. 115C-325(j1)(2). Repealed by Session Laws 2011-348, s. 1, effective July 1, 2011, and applicable to persons recommended for dismissal or demotion on or after that date. The superintendent's recommendation and the grounds for the recommendation. If the career employee did not request a hearing by a hearing officer, the board shall receive the following: Any documentary evidence the superintendent intends to use to support the recommendation. The superintendent shall provide the documentary evidence to the career employee seven days before the hearing. Any documentary evidence the career employee intends to use to rebut the superintendent's recommendation. The career employee shall provide the superintendent with the documentary evidence three days before the hearing. The superintendent's recommendation and the grounds for the recommendation. The superintendent and career employee may submit a written statement not less than three days before the hearing. The superintendent and career employee shall be permitted to make oral arguments to the board based on the record before the board. No new evidence may be presented at the hearing except upon a finding by the board that the new evidence is critical to the matter at issue and the party making the request could not, with reasonable diligence, have discovered and produced the evidence at the hearing before the hearing officer. The board shall accept the hearing officer's findings of fact unless a majority of the board determines that the findings of fact are not supported by substantial evidence when reviewing the record as a whole. In such an event, the board shall make alternative findings of fact. If a majority of the board determines that the hearing officer did not address a critical factual issue, the board may remand the findings of fact to the hearing officer to complete the report to the board. If the hearing officer does not submit the report within seven days receipt of the board's request, the board may determine its own findings of fact regarding the critical factual issues not addressed by the hearing officer. The board's determination shall be based upon a preponderance of the evidence. The board is not required to provide a transcript of the hearing to the career employee. If the board elects to make a transcript and if the career employee contemplates an appeal to a court of law, the career employee may request and shall receive at no charge a transcript of the proceedings. A career employee may have the hearing transcribed by a court reporter at the career employee's expense. Board Hearing for Certain Disciplinary Suspensions and for Reductions in Force. - The following procedures shall apply for a board hearing under G.S. 115C-325(e)(2) and G.S. 115C-325(f)(2)a: The hearing shall be private. The hearing shall be conducted in accordance with reasonable rules adopted by the State Board of Education to govern such hearings. At the hearing, the career employee and the superintendent shall have the right to be present and to be heard, to be represented by counsel, and to present through witnesses any competent testimony relevant to the issue of whether grounds exist for a disciplinary suspension without pay under G.S. 115C-325(f)(2)a. or whether the grounds for a dismissal or demotion due to a reduction in force is justified. Rules of evidence shall not apply to a hearing under this subsection and the board may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent persons in the conduct of serious affairs. At least eight days before the hearing, the superintendent shall provide to the career employee a list of witnesses the superintendent intends to present, a brief statement of the nature of the testimony of each witness, and a copy of any documentary evidence the superintendent intends to present. At least six days before the hearing, the career employee shall provide the superintendent a list of witnesses the career employee intends to present, a brief statement of the nature of the testimony of each witness, and a copy of any documentary evidence the career employee intends to present. No new evidence may be presented at the hearing except upon a finding by the board that the new evidence is critical to the matter at issue and the party making the request could not, with reasonable diligence, have discovered and produced the evidence according to the schedule provided in this subsection. The board may subpoena and swear witnesses and may require them to give testimony and to produce records and documents relevant to the grounds for suspension without pay. The board shall decide all procedural issues, including limiting cumulative evidence, necessary for a fair and efficient hearing. The superintendent shall provide for making a transcript of the hearing. If the career employee contemplates an appeal of the board's decision to a court of law, the career employee may request and shall receive at no charge a transcript of the proceedings. , (l) Repealed by Session Laws 1997, c. 221, s. 13(a). Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. Appeal. - Any career employee who has been dismissed or demoted under G.S. 115C-325(e)(2), or under G.S. 115C-325(j2), or who has been suspended without pay under G.S. 115C-325(f)(2) shall have the right to appeal from the decision of the board to the superior court for the superior court district or set of districts as defined in G.S. 7A-41.1 in which the career employee is employed on one or more of the following grounds that the decision: Is in violation of constitutional provisions. Is in excess of the statutory authority or jurisdiction of the board. Was made upon unlawful procedure. Is affected by other error of law. Is unsupported by substantial evidence in view of the entire record as submitted. Is arbitrary or capricious. The superintendent shall report the matter to the State Board of Education. The career employee shall be deemed to have consented to (i) the placement in the employee'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 employee 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 career employee 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 employee'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 career employee's license within 45 days from the date of resignation. Resignation. - Section Applicable to Certain Institutions. - Notwithstanding any law or regulation to the contrary, this section shall apply to all career employees employed in teaching and related educational classes in the schools and institutions of the Departments of Health and Human Services, Public Instruction, and Public Safety regardless of the age of the students. Procedure for Dismissal of Career Employees Employed in Low-Performing Residential Schools. - Notwithstanding any other provision of this section or any other law, this subdivision shall govern the dismissal by the Secretary of Health and Human Services of career employees assigned to a residential school that the State Board has identified as low-performing and to which the State Board has assigned an assistance team under Part 3A of Article 3 of Chapter 143B of the General Statutes. The Secretary shall dismiss a career employee when the Secretary receives two consecutive evaluations that include written findings and recommendations regarding that person's inadequate performance from the assistance team. These findings and recommendations shall be substantial evidence of the inadequate performance of the career employee. The Secretary determines that the school has failed to make satisfactory improvement after the State Board assigned an assistance team to that school under Part 3A of Article 3 of Chapter 143B of the General Statutes; and That assistance team makes the recommendation to dismiss the career employee for one or more grounds established in G.S. 115C-325(e)(1) for dismissal or demotion of a career employee. Notwithstanding any other provision of this section or any other law, this subdivision shall govern the dismissal by the Secretary of Health and Human Services of licensed career employees who have engaged in a remediation plan under G.S. 115C-105.38A(c) but who, after one retest, fail to meet the general knowledge standard set by the State Board. The failure to meet the general knowledge standard after one retest shall be substantial evidence of the inadequate performance of the licensed career employee. Nothing in this subsection shall prevent the Secretary from refusing to renew the contract of any person employed in a school identified as low-performing under Part 3A of Article 3 of Chapter 143B of the General Statutes. Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. The Secretary of Health and Human Services shall have the right to subpoena witnesses and documents on behalf of any party to the proceedings under this subsection. The State Board determines that the school has failed to make satisfactory improvement after the State Board assigned an assistance team to that school under G.S. 115C-105.38; and That assistance team makes the recommendation to dismiss the career employee for one or more grounds established in G.S. 115C-325(e)(1) for dismissal or demotion of a career employee. Notwithstanding any other provision of this section or any other law, this subdivision shall govern the State Board's dismissal of licensed career employees who have engaged in a remediation plan under G.S. 115C-105.38A(a) but who, after one retest, fail to meet the general knowledge standard set by the State Board. The failure to meet the general knowledge standard after one retest shall be substantial evidence of the inadequate performance of the licensed career employee. Procedure for Dismissal of Career Employees Employed in Low-Performing Schools. - The personnel file shall be open for the career employee's inspection at all reasonable times but shall be open to other persons only in accordance with such rules and regulations as the board adopts. Any preemployment data or other information obtained about a career employee before his or her employment by the board may be kept in a file separate from his or her personnel file and need not be made available to him or her. No data placed in the preemployment file may be introduced as evidence at a hearing on the dismissal or demotion of a career employee, except the data may be used to substantiate G.S. 115C-325(e)(1) g. or G.S. 115C-325(e)(1) o. as grounds for dismissal or demotion. (4) Leave of Absence. - A career employee who has been granted a leave of absence by a board shall maintain his or her career status if he or she returns to his or her teaching position at the end of the authorized leave. (5), (6) Repealed. A year, for purposes of computing time as a probationary principal or supervisor, shall not be less than 145 workdays performed as a full-time, permanent principal or supervisor in a contract year. When a career employee is dismissed pursuant to G.S. 115C-325(e)(1) l. , above, his or her name shall be placed on a list of available career employees to be maintained by the board. This appeal shall be filed within a period of 30 days after notification of the decision of the board. The cost of preparing the transcript shall be determined under G.S. 115C-325(j2)(8) or G.S. 115C-325(j3)(10) . A career employee who has been demoted or dismissed who has not requested a hearing before the board of education pursuant to this section shall not be entitled to judicial review of the board's action. (1) If a career employee has been recommended for dismissal under G.S. 115C-325(e)(1) and the employee chooses to resign without the written agreement of the superintendent, then: (2) A career employee who is not recommended for dismissal should not resign without the consent of the superintendent unless he or she has given at least 30 days' notice. If a career employee who is not recommended for dismissal does resign without giving at least 30 days' notice, the board may request that the State Board of Education revoke the career employee's license for the remainder of that school year. A copy of the request shall be placed in the career employee's personnel file. If a career employee's criminal history is relevant to the employee's resignation, regardless of whether the employee has given at least 30 days' notice, the board shall report to the State Board of Education the reason for an employee's resignation. The Secretary may dismiss a career employee when: Within 30 days of any dismissal under this subdivision, a career employee may request a hearing before a panel of three members designated by the Secretary. The Secretary shall adopt procedures to ensure that due process rights are afforded to persons recommended for dismissal under this subdivision. Decisions of the panel may be appealed on the record to the Secretary, with further right of judicial review under Chapter 150B of the General Statutes. Within 30 days of any dismissal under this subdivision, a licensed career employee may request a hearing before a panel of three members designated by the Secretary of Health and Human Services. The Secretary shall adopt procedures to ensure that due process rights are afforded to licensed career employees recommended for dismissal under this subdivision. Decisions of the panel may be appealed on the record to the Secretary, with further right of judicial review under Chapter 150B of the General Statutes. (1) Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. (2) Notwithstanding any other provision of this section or any other law, this subdivision shall govern the State Board's dismissal of career employees assigned to schools that the State Board has identified as low-performing and to which the State Board has assigned an assistance team under Article 8B of this Chapter. The State Board shall dismiss a career employee when the State Board receives two consecutive evaluations that include written findings and recommendations regarding that person's inadequate performance from the assistance team. These findings and recommendations shall be substantial evidence of the inadequate performance of the career employee. The State Board may dismiss a career employee when: A career employee may request a hearing before a panel of three members of the State Board within 30 days of any dismissal under this subdivision. The State Board shall adopt procedures to ensure that due process rights are afforded to persons recommended for dismissal under this subdivision. Decisions of the panel may be appealed on the record to the State Board, with further right of judicial review under Chapter 150B of the General Statutes. A licensed career employee may request a hearing before a panel of three members of the State Board within 30 days of any dismissal under this subdivision. The State Board shall adopt procedures to ensure that due process rights are afforded to licensed career employees recommended for dismissal under this subdivision. Decisions of the panel may be appealed on the record to the State Board, with further right of judicial review under Chapter 150B of the General Statutes. (3), (4) Repealed by Session Laws 2017-157, s. 2(b), effective July 21, 2017. (5) The State Board shall have the right to subpoena witnesses and documents on behalf of any party to the proceedings under this subsection. History (1955, c. 664; 1967, c. 223, s. 1; 1971, c. 883; c. 1188, s. 2; 1973, c. 315, s. 1; c. 782, ss. 1-30; 1979, c. 864, s. 2; 1981, c. 423, s. 1; c. 538, ss. 1-3; c. 731, s. 1; c. 1127, ss. 39, 40; 1981 (Reg. Sess., 1982), c. 1282, s. 30; 1983, c. 770, ss. 1-15; 1983 (Reg. Sess., 1984), c. 1034, s. 34; 1985, c. 791, s. 5(a), (b); 1985 (Reg. Sess., 1986), c. 1014, s. 60(a); 1987, c. 395, s. 2; c. 540, c. 571, s. 3; 1987 (Reg. Sess., 1988), c. 1037, s. 109; 1991 (Reg. Sess., 1992), c. 942, s. 1; c. 1038, s. 14; 1993, c. 169, s. 1; c. 210, ss. 1-3; 1993 (Reg. Sess., 1994), c. 677, ss. 10, 16(a); 1995, c. 369, s. 2; 1995 (Reg. Sess., 1996), c. 716, s. 8; 1997-221, ss. 11(a), 13(a); 1997-443, s. 11A.118(a); 1998-5, s. 2; 1998-59, s. 3; 1998-131, s. 6; 1998-202, s. 4(o); 1998-212, s. 28.24(c); 1998-217, s. 67.1(a); 1999-96, ss. 1-5; 1999-456, s. 34; 2000-67, s. 8.24(b); 2000-137, s. 4(r); 2000-140, ss. 23, 24; 2001-376, s. 2; 2001-424, ss. 28.11(g), 32.25(b); 2001-487, s. 74(c); 2002-110, ss. 2, 3; 2002-126, ss. 7.38, 28.10(a), (c), (d); 2003-302, s. 1; 2004-81, s. 2; 2004-124, s. 31.18A(a), (c), (d); 2004-199, s. 57(b); 2005-144, ss. 7A.1, 7A.3, 7A.4; 2005-276, ss. 29.28(b), 29.28(d); 2007-145, s. 7(a), (c)-(e); 2007-326, ss. 2, 3(a), (c)-(e); 2007-484, s. 43.7E; 2009-326, s. 1; 2010-31, s. 7.14(a); 2010-163, s. 1; 2011-145, ss. 7.23(b), 7.25(e); 2011-348, ss. 1, 8.5(a), (b); 2012-83, s. 40; 2012-194, s. 21(a), (b); 2013-360, s. 9.6(a), (f); 2014-115, s. 9; 2015-241, s. 8.38(b); 2017-157, s. 2(a), (b), (p); 2017-186, s. 2(eeeee); 2017-189, ss. 4(c), (d), 6(j), (k).) Cross References. - As to duties of superintendent concerning staff, see G.S. 115C-276 . As to the compensation of principals in specific schools, see G.S. 115C-285 . For similar provisions going into effect on July 1, 2014, see G.S. 115C-325.1 et seq. Teacher Compensation Models and Advanced Teaching Roles. - Session Laws 2016-94, s. 8.7(a)-(i), as amended by Session Laws 2017-57, s. 7.11(a), Session Laws 2018-5, s. 7.9, Session Laws 2018-97, s. 2.6, and Session Laws 2019-248, s. 2(a), (b), provides: "(a) Purpose. - The State Board of Education shall establish an eight-year pilot program (pilot) to develop advanced teaching roles and organizational models that link teacher performance and professional growth to salary increases in selected local school administrative units for classroom teachers. For the purposes of this section, a classroom teacher is a teacher who works in the classroom providing instruction at least seventy percent (70%) of the instructional day and who is not instructional support personnel. The purpose of the pilot shall be to do the following: "(1) Allow highly effective classroom teachers to teach an increased number of students by assuming accountability for additional students, by becoming a lead classroom teacher accountable for the student performance of all of the students taught by teachers on that lead classroom teacher's team, or by leading a larger effort in the school to implement new instructional models to improve school-wide performance. "(2) Enable local school administrative units to provide salary supplements to classroom teachers in advanced teaching roles. Selection of an advanced teaching role classroom teacher and award of related salary supplements shall be made on the basis of demonstrated effectiveness and additional responsibilities. "(3) Enable local school administrative units to create innovative compensation models that focus on classroom teacher professional growth and student outcomes. "(4) Utilize local plans to establish organizational changes related to compensation in order to sustain evidenced-based teaching practices that have the capacity to be replicated throughout the State. "(b) Request for Proposal. - By September 15, 2016, the State Board of Education shall issue an initial Request for Proposal (RFP) for the pilot. The State Board may issue additional, subsequent RFPs, as necessary, in order to meet the requirements of this section. Local boards of education shall submit their initial proposals by October 15, 2016. Any additional proposals shall be submitted in accordance with requirements set by the State Board. Any RFP issued by the State Board shall require that proposals include the following information at a minimum: "(1) Description of the program structure, including the process for teacher advancement based on performance, professional growth, or the specific teacher roles assumed by the teacher. "(2) Descriptions of the advanced teaching roles, including minimum qualifications for the positions that must include at least one of the following: "a. Advanced certifications, such as National Board for Professional Teaching Standards Certification, or a master's degree in the area in which the classroom teacher is licensed and teaching. "b. A rating of at least accomplished on each of the Teacher Evaluation Standards 1-5 on the North Carolina Teacher Evaluation instrument or the equivalent on an out-of-state evaluation system. "c. Evidence that the teacher has exceeded expected student growth based on three years of teacher evaluation data as calculated by the State Board of Education. "d. Equivalent demonstrated mastery of teaching skills as required by the new local compensation model. "(3) Job responsibilities that include at least one of the following: "a. Teaching an increased number of students and being accountable for their performance as the teacher of record for those students. "b. Becoming a lead classroom teacher among a group of teachers and being the teacher of record for all students taught by that group of teachers. "c. Leading a school-wide effort to implement data-driven instructional models that include blended learning environments, utilizing digital learning and resources, and focusing on methods of improvement for school-wide performance issues. "d. Completing training that certifies the teacher as an in-house provider of professional development or functioning as an instructional content area coach or a coach in another professional development area. "(4) Description of how the local school administrative unit will inform all employees and the public on the criteria and selection for the advanced teaching roles, the continued eligibility requirements for the advanced teaching roles, and how the individuals selected for the advanced teaching roles will be evaluated. "(5) Description of how the local school administrative unit will inform all employees and the public on the criteria for movement on the proposed new local compensation model. "(6) The process for the voluntary relinquishment of an advanced teaching role, including the associated additional duties. Voluntary relinquishment of the advanced teaching role shall not be considered a demotion under Part 3 of Article 22 of Chapter 115C of the General Statutes. "(7) Salary supplement information including the following: "a. The amount of the salary supplements that will be provided to those selected for the advanced teaching roles. The supplements may be up to thirty percent (30%) of the State teacher salary schedule. "b. A statement by the local school administrative unit that the salary supplements will be paid as a supplement to the classroom teacher's regular salary and not be included in the average salary calculation used for budgeting State allotments. "c. A statement by the local school administrative unit that if a classroom teacher in an advanced teaching role (i) fails to maintain the minimum criteria established for the position, (ii) is not successfully performing the additional duties associated with the advanced teaching role, or (iii) voluntarily relinquishes the advanced teaching role, the teacher shall only be paid the salary applicable to that individual on the State teacher salary schedule and any other local supplements that would otherwise apply to the classroom teacher's compensation. "d. The amount of the salary supplements at all levels of the proposed new local school administrative unit compensation model in relation to the State teacher salary schedule. "(8) The implementation plan, including the number of schools in the local school administrative unit that will have advanced teaching roles and any new proposed compensation model, the number of advanced teaching roles at each of those schools, the number of students whose teacher of record will be a teacher in an advanced teaching role, and the number of teachers overall who would be eligible for the proposed new local school administrative unit compensation model. "(9) Plans for financial sustainability once any grant money that may be awarded to the local school administrative unit is no longer available. "(c) Selection by State Board of Education. - By December 15, 2016, the State Board of Education shall review the initial proposals submitted by local boards of education. The State Board shall review additional, subsequent proposals submitted by local boards of education in accordance with requirements set by the State Board. "'(1)-(3) Repealed by Session Laws 2019-248, s. 2(a). "(d) Pilot Implementation. - The selected local school administrative units shall implement their approved pilots beginning as early as the 2017-2018 school year and ending with the 2024-2025 school year. The local board of education for each selected pilot local school administrative unit shall provide any requested information and access to the independent research organization selected by the State Board of Education to evaluate the pilots pursuant to subsection (f) of this section. "(e) Use of Grant Funds. - Funds awarded to local school administrative units shall be used for any of the following: "(1) Salary supplements for advanced teaching roles. "(2) Development of advanced teaching role plans. "(3) Development of professional development courses. "(4) Transition costs associated with designing and implementing advanced teaching role models in schools within the local school administrative unit. Transition costs may include employing staff members or contractors to assist with design and implementation of the pilot plan. "(5) Development of the design and implementation of compensation plans that focus on teacher professional growth and student outcomes and the transition costs associated with designing and implementing new compensation plans, including employing staff members or contractors to assist with design and implementation of the pilot plan. "(f) Pilot Evaluation. - The State Board of Education shall contract with an independent research organization to evaluate how the advanced teaching roles and new compensation plan pilots have accomplished, at a minimum, the following: "(1) Improvement in the quality of classroom instruction and increases in school-wide growth. "(2) An increase in the attractiveness of teaching. "(3) Recognition, impact, and retention of high-quality classroom teachers. "(4) Assistance to and retention of beginning classroom teachers. "(5) Improvement in and expansion of the use of technology and digital learning. "The independent research organization shall report annually beginning October 15, 2017, until the conclusion of the pilot to the State Board on all aspects of the implementation and evaluation of the pilot. The independent research organization shall also evaluate, as part of the annual report, the existing Project LIFT, Inc., program in Charlotte-Mecklenburg Schools, and the proposed Project Advance in Chapel Hill-Carrboro City Schools, if that project is implemented. The State Board shall provide the annual report to the offices of the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the Senate Appropriations•ase Budget Committee, the House Committee on Appropriations, the Senate Appropriations Committee on Education/Higher Education, the House Appropriations Committee on Education, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee. "(g) Of the funds appropriated to the Department of Public Instruction by this act for the 2016-2017 fiscal year to support teacher compensation models and advanced teaching roles, the Department may use up to two hundred thousand dollars ($200,000) for the State Board of Education to contract with an independent research organization for the pilot evaluations. Any remaining funds may be used to award funds to selected local school administrative units for the implementation of the pilots in accordance with this section. Funds appropriated to the Department of Public Instruction for the 2016-2017 fiscal year for the pilot and for the evaluation of the pilot shall not revert at the end of the fiscal year but shall remain available until expended. "(h) It is the intent of the General Assembly to appropriate from the General Fund to the Department of Public Instruction for the 2017-2018 fiscal year the sum of nine million eight hundred thousand dollars ($9,800,000) for the award of funds to selected local school administrative units for the pilots in accordance with this section. Funds awarded to the local school administrative units shall be awarded in proportion to the current expenditure of the pilot local school administrative unit on teacher salaries. "(i) Flexibility for Local School Administrative Units. - Notwithstanding G.S. 115C-301 , local school administrative units receiving grants under this program may exceed the maximum class size requirements for kindergarten through third grade." Session Laws 2019-248, s. 2(b), repealed Session Laws 2017-57, s. 7.15(a), and reenacted Session Laws 2016-94, s. 8.7(i). Session Laws 2016-94, s. 8.7, is repealed by Session Laws 2020-78, s. 2.6(a)(1), effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(2) and (a)(3), repealed Session Laws 2017-57, ss. 7.11(a) and 7.15(a), (b), effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(4), repealed Session Laws 2018-5, s. 7.9, effective June 30, 2021. Session Laws 2020-78, s. 2.6(a)(5), repealed Session Laws 2018-97, s. 2.6, effective June 30, 2021. Advanced Placement/International Baccalaureate/Cambridge AICE Teacher Bonus Program. - Session Laws 2016-94, s. 8.8, as amended by Session Laws 2017-57, s. 8.8B(a), and as amended by Session Laws 2018-5, ss. 8.10(a), (b), provides: "(a) The State Board of Education shall establish the Advanced Placement/International Baccalaureate/Cambridge AICE Program (program) to reward advanced course teacher performance and to encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay to teachers of advanced courses in public schools, including charter schools, beginning with data from the 2015-2016 school year, in accordance with the following: "(1) A bonus in the amount of fifty dollars ($50.00) for each student taught by an advanced course teacher in each advanced course who receives the following score: "a. For Advanced Placement courses, a score of three or higher on the College Board Advanced Placement Examination. "b. For International Baccalaureate Diploma Programme courses, a score of four or higher on the International Baccalaureate course examination. "c. For the Cambridge Advanced International Certificate of Education (AICE) program, a score of "C" or higher on the Cambridge AICE program examinations. "(2) No teacher shall be awarded a bonus pursuant to this subsection that exceeds three thousand five hundred dollars ($3,500) in any given school year. The bonus awarded to a teacher pursuant to this subsection shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive. "(3) A bonus awarded pursuant to this subsection is payable in January, based on data from the previous school year, to a qualifying teacher who remains employed teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same charter school at least from the school year the data is collected until January 1 of the corresponding school year that the bonus is paid. "(b) For the purposes of this section, an 'advanced course' shall mean an Advanced Placement course, an International Baccalaureate Diploma Programme course, or a Cambridge AICE course. "(c) Notwithstanding G.S. 135-1 (7a), the compensation bonuses awarded under this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System. "(d) The State Board of Education shall study the effect of the program on advanced course teacher performance and retention. The State Board shall report the results of its findings and the amount of bonuses awarded to advanced course teachers, including the amount awarded for Advanced Placement courses, the amount awarded for International Baccalaureate Diploma Programme courses, and the amount awarded for Cambridge AICE program courses, to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year. "(e) For the 2017-2018 fiscal year only, the Director of the Budget shall also include in the base budget, as defined by G.S. 143C-1-1(d) (1c), the amount of nonrecurring funds needed to support the program. "(f) Repealed by Session Laws 2017-57, s. 8.8B(a), effective July 1, 2017." Industry Certifications and Credentials Teacher Bonus Program. - Session Laws 2016-94, s. 8.9, as amended by Session Laws 2017-57, s. 8.8B(b), and as amended by Session Laws 2018-5, s. 8.10(c) provides: "(a) The State Board of Education, in collaboration with the Department of Commerce, shall establish the Industry Certifications and Credentials Teacher Bonus Program (program) to reward the performance of teachers in public schools, including charter schools, who teach students earning approved industry certifications or credentials consistent with G.S. 115C-156.2 and to encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay to teachers in public schools, including charter schools, who teach students earning approved industry certifications or credentials, beginning with data from the 2015-2016 school year, in accordance with the following: "(1) For teachers who provide direct instruction to students, bonuses shall be provided in the following amounts: "a. A bonus in the amount of twenty-five dollars ($25.00) for each student taught by a teacher who provided instruction in a course that led to the attainment of an industry certification or credential with a twenty-five-dollar ($25.00) value ranking as determined under subdivision (3) of this subsection. "b. A bonus in the amount of fifty dollars ($50.00) for each student taught by a teacher who provided instruction in a course that led to the attainment of an industry certification or credential with a fifty-dollar ($50.00) value ranking as determined under subdivision (3) of this subsection. "(2) No teacher shall be awarded a bonus pursuant to this subsection that exceeds three thousand five hundred dollars ($3,500) in any given school year. The bonus awarded to a teacher pursuant to this subsection shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive. "(3) The Department of Commerce, in consultation with the State Board, shall assign a value ranking for each industry certification and credential based on academic rigor and employment value in accordance with this subdivision. Fifty percent (50%) of the ranking shall be based on academic rigor and the remaining fifty percent (50%) on employment value. Academic rigor and employment value shall be based on the following elements: "a. Academic rigor shall be based on the number of instructional hours, including work experience or internship hours, required to earn the industry certification or credential, with extra weight given for coursework that also provides community college credit. "b. Employment value shall be based on the entry wage, growth rate in employment for each occupational category, and average annual openings for the primary occupation linked with the industry certification or credential. "(4) A bonus awarded pursuant to this subsection is payable in January to a qualifying teacher who remains employed teaching in the same local school administrative unit or, if the teacher is not employed in a local school administrative unit, remains teaching in the same charter school at least from the school year the data is collected until January 1 of the corresponding school year that the bonus is paid. "(b) Notwithstanding G.S. 135-1 (7a), the compensation bonuses awarded under this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System. "(c) The State Board of Education shall study the effect of the program on teacher performance and retention. The State Board shall report the results of its findings, the amount of bonuses awarded to teachers who teach students earning approved industry certifications or credentials, and the type of industry certifications and credentials earned by their students to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by March 15 of each year. "(d) For the 2017-2018 fiscal year only, the Director of the Budget shall also include in the base budget, as defined by G.S. 143C-1-1(d) (1c), the amount of nonrecurring funds needed to support the program. "(e) Repealed by Session Laws 2017-57, s. 8.8B(b), effective July 1, 2017." Teacher Assistant Tuition Reimbursement Pilot Program. - Session Laws 2016-94, s. 8.29, as amended by Session Laws 2017-57, s. 7.20(a), as amended by Session Laws 2017-189, s. 6(m), and as amended by Session Laws 2018-5, s. 7.21, provides: "(a) Purpose. - The purpose of this section is to establish a pilot program to provide tuition assistance awards to part-time or full-time teacher assistants working in participating local school administrative units, to be administered by certain local boards of education as follows: "(1) Beginning with the 2016-2017 fiscal year, the local boards of education of the Anson County, Franklin County, Moore County, Richmond County, and Scotland County school administrative units. "(2) Beginning with the 2017-2018 fiscal year, the local boards of education of the Alamance-Burlington Schools, Beaufort County Schools, Bertie County Schools, Duplin County Schools, Edenton-Chowan Schools, Edgecombe County Schools, Guilford County Schools, Halifax County Schools, Nash-Rocky Mount Schools, Northampton County Schools, Randolph County Schools, Tyrrell County Schools, Vance County Schools, and Washington County Schools. "(3) Beginning with the 2018-2019 fiscal year, the local boards of education of the Alleghany County Schools, Ashe County Schools, Bladen County Schools, Cherokee County Schools, Clay County Schools, Columbus County Schools, Davidson County Schools, Graham County Schools, Greene County Schools, Jackson County Schools, Jones County Schools, Lenoir County Public Schools, Macon County Schools, McDowell County Schools, Mitchell County Schools, Public Schools of Robeson County, Swain County Schools, Yadkin County Schools, and Yancey County Schools. "Tuition assistance awards under the program may be provided for part-time or full-time coursework toward a college degree that will result in teacher licensure. A local board of education may grant a teacher assistant academic leave to pursue coursework that may only be taken during working hours. A teacher assistant receiving an award under the program shall fulfill the student teaching requirements of an educator preparation program by working in the teacher assistant's employing local school administrative unit. A teacher assistant shall continue to receive salary and benefits while student teaching in the local school administrative unit in accordance with G.S. 115C-269.30(c) . "(b) Selection of applicants. - Each local board of education participating in the pilot program may select up to five teacher assistants to receive an award of up to four thousand six hundred dollars ($4,600) per academic year for a period of up to four years to be used towards the cost of tuition and fees for a teacher assistant to attend an educator preparation program at an institution of higher education. Priority for awards shall be given to a teacher assistant who received a tuition assistance award for the previous academic year and who is making satisfactory academic progress towards achieving teacher licensure. The local board of education shall set criteria for the application and selection of teacher assistants to receive tuition assistance awards that includes at least the following: "(1) The teacher assistant shall be employed by the local board of education in the local school administrative unit. "(2) The teacher assistant shall be enrolled or provide a statement of intent to enroll in an accredited institution of higher education in North Carolina with an educator preparation program approved by the State Board of Education to pursue teacher licensure. "(3) The teacher assistant shall be a resident of North Carolina. For purposes of this subdivision, residency shall be determined by the same standard as residency for tuition purposes pursuant to G.S. 116-143.1 . "(c) Endorsement of tuition assistance awards for recipients. - Each local board of education participating in the pilot program shall enter into a memorandum of understanding with the institution of higher education in which a recipient of a tuition assistance award under this program is enrolled that includes procedures for at least the following: "(1) Remittance of the award from the local board of education to the institution of higher education. "(2) Endorsement of the funds awarded to the recipient to the institution of higher education for deposit into the account of the institution. "(3) Return of a pro rata share of funds to the local board of education in the event a recipient (i) withdraws from the institution of higher education prior to the end of a term or (ii) the recipient's employment with the local board of education is terminated. The return of funds shall be consistent with procedures used by the institution under federal Title IV programs. "(d) The local boards of education participating in the pilot program for the 2016-2017 fiscal year shall jointly report to the Joint Legislative Education Oversight Committee by September 1, 2017. All of the local boards of education participating in the pilot program shall jointly report to the Joint Legislative Education Oversight Committee by September 1 of each year following the first full fiscal year of participation in the pilot program on the results of the pilot program, including at least the following information: "(1) The number and amount of funds in tuition assistance awards provided to teacher assistants. "(2) The number of teacher assistant recipients who achieved teacher licensure, including the period of time from the issue of an initial tuition assistance award to the time of achieving licensure. "(3) The number of recipients who remained employed in the local school administrative unit after achieving teacher licensure." Editor's Note. - Subdivision (a)(5b) was originally assigned the designation of subdivision (a)(5a) by the Revisor of Statutes, the number in Session Laws 1997-221, s. 13(a), having been subdivision (a)(7). Session Laws 1998-212, G.S. 28.24(c), added the present subdivision (a)(5a), and redesignated former subdivision (a)(5a) as subdivision (a)(5b). Session Laws 1997-221, s. 32, provides: "This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Nothing in Sections 16 through 25 or Sections 28 through 30 of this act shall be construed to create any rights or causes of action." Session Laws 1998-131, s. 19, made the amendment by s. 6 thereof, which added subsection (p1), effective July 1, 1998, only if funds were appropriated for the 1998-99 fiscal year. The necessary appropriations were made. Session Laws 2001-424, s. 29.2(b), provides: "In accordance with G.S. 115C-325 and by way of clarification, it shall not constitute a demotion as that term is defined in G.S. 115C-325(a)(4) , if: "(1) A teacher who receives a bonus pursuant to this section is reassigned to a school at which there is no such bonus; "(2) A teacher who receives a bonus pursuant to this section is reassigned to teach in a field for which there is no such bonus; or "(3) A teacher receives a bonus pursuant to this section and the bonus is subsequently discontinued or reduced." Session Laws 2002-126, s. 28.10(a), as amended by Session Laws 2004-124, s. 31-18A(a), as amended by Session Laws 2005-144, s. 7A.1, as amended by 2007-145, s. 7(a), as amended by 2007-346, s. 3(a), amended Session Laws 1998-212, s. 28.24(d) to change the expiration date affecting subdivision (a)(5a), as added by the 1998 act, from June 30, 2005, to October 1, 2007. Session Laws 2002-126, s. 28.10(d), as amended by Session Laws 2004-124, s. 31.18A(d), as amended by Session Laws 2005-144, s. 7A.4, as amended by Session Laws 2007-145, s. 7(d), and as amended by Session Laws 2007-326, s. 3(d), amended Session Laws 2001-424, s. 32.25(c), to change the expiration date affecting subdivision (a)(5a), as amended by the 2001 act, from June 30, 2007 to October 1, 2007. Session Laws 2002-126, s. 28.10(c), as amended by Session Laws 2004-124, s. 31.18A(c), as amended by Session Laws 2005-144, s. 7A.3, as amended by Session Laws 2007-145, s. 7(c), and as amended by Session Laws 2007-326, s. 3(c), amended Session Laws 1998-217, s. 67.1 to change the expiration date affecting subdivision (a)(5a), as amended by the 1998 act, from June 30, 2007 to October 1, 2007. Session Laws 2002-126, s. 1.2, provides: "This act shall be known as 'The Current Operations, Capital Improvements, and Finance Act of 2002'." Session Laws 2002-126, s. 31.6, is a severability clause. Session Laws 2004-124, ss. 31.18A(e)-(g), as amended by Session Laws 2004-161, s. 53.2, provides: "(e) The Retirement Systems Division shall conduct an analysis of the postretirement reemployment issue, including a survey of peer State systems, cost analyses, review of relevant impacting federal regulations, and the administrative impact of various postretirement reemployment policies. The Retirement Systems Division shall develop findings and recommendations for the adoption of an efficient and fiscally sound policy on postretirement reemployment and shall report those findings and recommendations, as well as the analysis that produced them, to the General Assembly by February 1, 2005. "(f) In order to facilitate the success of its request for a private letter ruling from the Internal Revenue Service, as mandated by Section 28.13(d) of S.L. 2002-126, the Retirement Systems Division may modify the scope of its inquiry to the extent that a substantive ruling may be obtained and used by the General Assembly to adopt an efficient and fiscally sound policy on postretirement reemployment. "(g) Notwithstanding any other provision of law, effective July 1, 2004, each local school administrative unit or charter school participating in the Teachers' and State Employees' Retirement System shall pay to the Teachers' and State Employees' Retirement System a Reemployed Teacher Contribution Rate of eleven and seventy hundredths percent (11.70%) as a percentage of covered salaries that the retired teachers, who are exempt from the earnings cap, are being paid. Each local school administrative unit or charter school shall report monthly to the Retirement Systems Division on payments made pursuant to this subsection. "Notwithstanding any other provision of law, effective July 1, 2004, any portion of the payment made by a local school administrative unit to a reemployed teacher who is exempt from the earnings cap, consisting of salary plus the Reemployed Teacher Contribution rate, that exceeds the State-supported salary level for that position shall be paid from local funds." Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'." Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year." Session Laws 2004-124, s. 33.5, contains a severability clause. Session Laws 2004-199, s. 57(c), as amended by 2005-276, s. 29.28(d), as amended by Session Laws 2007-145, s. 7(e), and as amended by Session Laws 2007-326, s. 3(e), provided that the amendment to subdivision (a)(5a), as amended by Session Laws 2004-199, would expire October 1, 2007. Session Laws 2007-326, s. 2, effective October 1, 2007, and expiring October 1, 2009, provided that G.S. 115C-325(a) (5a) is reenacted on August 1, 2007. Session Laws 2005-276, s. 29.28(c), provides: "Notwithstanding any other provision of law, each local school administrative unit shall pay to the Teachers' and State Employees' Retirement System a Reemployed Teacher Contribution Rate of eleven and seventy-hundredths percent (11.70%) as a percentage of covered salaries that the retired teachers, who are exempt from the earnings cap, are being paid. Each local school administrative unit shall report monthly to the Retirement Systems Division on payments made pursuant to this subsection. "Notwithstanding any other provision of law, any portion of the payment made by a local school administrative unit to a reemployed teacher who is exempt from the earnings cap, consisting of salary plus the Reemployed Teacher Contribution Rate, that exceeds the State-supported salary level for that position, shall be paid from local funds." Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'." Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium." Session Laws 2005-276, s. 46.5, is a severability clause. Session Laws 2006-66, s. 7.21(b) provides: "In accordance with G.S. 115C-325 and by way of clarification, it shall not constitute a demotion as that term is defined in G.S. 115C-325(a)(4) if: "(1) A teacher who receives a salary supplement pursuant to subsection (a) of this section is reassigned to a school at which there is no such salary supplement; "(2) A teacher who receives a salary supplement pursuant to subsection (a) of this section moves to a different local school administrative unit; or "(3) A teacher receives a salary supplement pursuant to subsection (a) of this section and the salary supplement is subsequently discontinued or reduced." Session Laws 2006-66, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2006'." Session Laws 2006-66, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2006-2007 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2006-2007 fiscal year." Session Laws 2006-66, s. 28.6, is a severability clause. Session Laws 2007-326, s. 4, effective October 1, 2007, and expiring October 1, 2009, provides: "Notwithstanding any other provision of law, effective July 1, 2007, each local school administrative unit shall pay to the Teachers' and State Employees' Retirement System a Reemployed Teacher Contribution Rate of eleven and seventy-hundredths percent (11.70%) as a percentage of covered salaries that the retired teachers, who are exempt from the earnings cap, are being paid. Each local school administrative unit shall report monthly to the Retirement Systems Division on payments made pursuant to this section. "Notwithstanding any other provision of law, effective July 1, 2007, any portion of the payment made by a local school administrative unit to a reemployed teacher who is exempt from the earnings cap, consisting of salary plus the Reemployed Teacher Contribution Rate, that exceeds the State-supported salary level for that position shall be paid from local funds." Subsection (c), as rewritten by, and subdivisions (m)(3) and (m)(5)-(m)(7), as added by Session Laws 2009-326, s. 1 effective July 24, 2009, are applicable to proceedings initiated after August 31, 2009. Session Laws 2009-326, s. 2, provides that subdivision (m)(4) of G.S. 115C-325 , as enacted by Session Laws 2009-326, s. 1, is applicable to proceedings initiated after August 31, 2010. Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.6, is a severability clause. Session Laws 2011-145, s. 7.23(a), as amended by Session Laws 2011-391, s. 16, provides: "Local school administrative units shall adopt a Reduction in Force policy for certified school employees that includes the following criteria: "(1) In determining which positions shall be subject to a reduction in force, a local school administrative unit shall consider the following: "a. Structural considerations, such as identifying positions, departments, courses, programs, operations, and other areas where there are (i) less essential, duplicative, or excess personnel; (ii) job responsibility and/or position inefficiencies; (iii) opportunities for combined work functions; and/or (iv) decreased student or other demands for curriculum, programs, operations, or other services. "b. Organizational considerations, such as anticipated organizational needs of the school system and program/school enrollment. "(2) In determining which employees in similar positions shall be subject to a reduction in force, a local school administrative unit shall consider work performance. "Each local school administrative unit shall have this policy in place on or before July 15, 2011." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2011-348, s. 8.5(a) was contingent on House Bill 200, 2011 Regular Session becoming law. House Bill 200 was enacted as Session Laws 2011-145. Session Laws 2011-348, s. 8.5(b) was contingent on House Bill 200, 2011 Regular Session not becoming law. However, House Bill 200 was enacted as Session Laws 2011-145. Had House Bill 200 not become law, Session Laws 2011-348, s. 8.5(b) would have amended subsection (e)(2) of this section by adding gender neutral language, substituting "hearing officer" for "case manager" in the last sentence of the first paragraph and substituting "licensed" for "certified" in the last sentence of the second paragraph. Session Laws 2012-83, s. 40, effective June 26, 2012, had substituted "Departments of Health and Human Services, Public Instruction, the Division of Juvenile Justice of the Department of Public Safety, or the Division of Adult Correction of the Department of Public Safety," for "Departments of Health and Human Services, Public Instruction, Correction, or Juvenile Justice and Delinquency Prevention" in subsection (p). Session Laws 2012-194, s. 21(b), effective July 17, 2012, repealed s. 40 of Session Laws 2012-83. 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 Law 2013-360, s. 9.6(f), provides in part: "Individuals who have not received career status prior to the 2013-2014 school year shall not be granted career status during the 2013-2014 school year. All teachers who have not been granted career status prior to the 2013-2014 school year shall be offered only one year contracts, except for qualifying teachers offered a four year contract as provided in subsection (g) of this section, until the 2018-2019 school year." 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. 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 2015-241, s. 8.38(c), repeals subdivision (e)(2) effective June 30, 2018. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2017-157, s. 2(a), repealed Session Laws 2013-360, s. 2(a), effective July 21, 2017. Session Laws 2013-360, s. 2(a), had repealed this section effective June 30, 2018. Session Laws 2017-157, s. 2( l ), repealed Session Laws 2013-360, s. 9.6(i), effective July 21, 2017. Session Laws 2013-360, s. 9.6(i), had provided: "Subsection (a) of this section [which would have repealed G.S. 115C-325 ] becomes effective June 30, 2018, and no teacher employed by a local board of education on or after that date shall have career status. G.S. 115C-325 applies only to teachers with career status after June 30, 2014." Session Laws 2017-157, s. 2(p), repealed Session Laws 2015-241, s. 8.38(c), effective July 21, 2017. Session Laws 2015-241, s. 8.38(c) would have repealed subdivision (e)(2) of this section, effective June 30, 2018. Session Laws 2017-189, s. 7(a) made the amendment to subdivision (f)(1) by Session Laws 2017-189, ss. 4(c) and 6(j), effective July 27, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2017-189, s. 7(a) made the amendment to subdivision (o)(2) by Session Laws 2017-189, ss. 4(d) and 6(k), effective July 27, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2017-189, s. 6(j) and (k), were contingent upon House Bill 155, 2017 Regular Session, becoming law. House Bill 155 was enacted as Session Laws 2017-157. 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. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Session Laws 2021-7, s. 1.3(a), (b), provides: "(a) Employment of School Personnel. - For each local school administrative unit operating the program, the following shall apply: "(1) Notwithstanding Articles 19, 20, 21, and Part 3 of Article 22 of Chapter 115C of the General Statutes, a local board of education shall employ teachers and other school personnel as temporary employees on a contract basis for the period of the program. School personnel employed as temporary employees by a local board of education pursuant to this act shall not be considered an "employee" as defined in G.S. 135-1(10) or a "teacher" as defined in G.S. 135-1(25) , nor shall it cause school personnel to be considered an "employee or State employee" under G.S. 135-48.1(10) . In addition, school personnel shall not be deemed as earning "compensation" as defined in G.S. 135-1 (7a) and shall not be eligible to accrue paid leave during their temporary employment. "(2) For individuals who retired under the Teachers' and State Employees' Retirement System (TSERS) on or after December 1, 2020, but on or before March 1, 2021, the six-month separation from service from an employer that is required under G.S. 135-1(20) in order for a retirement to become effective shall not apply and instead a one-month separation shall be required, provided that the position to which the individual returns is as a teacher or other school personnel employed as a temporary employee on a contract basis for the program as required in subdivision (1) of this section. Upon the expiration of this section, all of the following shall apply: "a. The six-month separation from an employer required under G.S. 135-1(20) shall again be applicable to individuals who retired under TSERS on or after December 1, 2020, but on or before March 1, 2021. "b. In order for a member's retirement under TSERS on or after December 1, 2020, but on or before March 1, 2021, to become effective in any month, the member must perform no work for an employer, including part-time, temporary, substitute, or contractor work, at any time between the expiration of this section and the end of the six months immediately following the effective date of retirement, provided the expiration of the six-month period of separation did not occur while this section was in effect. "c. For individuals who retired under TSERS on or after December 1, 2020, but before March 1, 2021, any time worked in the program and the time this section expires shall not be considered work for the purposes of the six-month separation required under G.S. 135-1(20) . "d. For purposes of this subdivision, local school administrative units shall certify to the Retirement System that a retirement system beneficiary is employed by the local board of education. "(3) From funds available, local boards shall offer a signing bonus of at least one thousand two hundred dollars ($1,200) to any teacher who (i) had received a past teaching bonus for reading in grades three, four, and five or mathematics in grades four, five, six, seven, or eight or (ii) has received National Board for Professional Teaching Standards Certification. Local boards of education are encouraged to find ways to incentivize highly effective teachers to participate in the program, such as increased compensation and varied contract durations. "(4) Local boards of education shall provide a performance bonus to a teacher who provided instruction during the program, in a per student amount of at least one hundred fifty dollars ($150.00), for each student not demonstrating reading proficiency on the third-grade end-of-grade reading assessment assigned to that teacher who became proficient in reading after completing the program, as demonstrated by an alternate assessment. "(b) This section is effective when it becomes law and expires October 1, 2021." Effect of Amendments. - Session Laws 1998-212, s. 28.24(c), as amended by Session Laws 2002-126, s. 28.10(a), as amended by Session Laws 2004-124, s. 31.18A(a), as amended by Session Laws 2005-144, s. 7A.1, as amended by 2007-145, s. 7(a), and as amended by Session Laws 2007-326, s. 3(a), effective January 1, 1999, and expiring October 1, 2007, added present subdivision (a)(5a), and redesignated former subdivision (a)(5a) as present subdivision (a)(5b). For expiration date, see Editor's note. Session Laws 1998-217, s. 67.1, as amended by Session Laws 2002-126, s. 28.10(c), as amended by Session Laws 2004-124, s. 31.18A(c), as amended by Session Laws 2005-144, s. 7A.3, as amended by Session Laws 2007-145, s. 7(c), and as amended by Session Laws 2007-326, s. 3.(c), effective January 1, 1999, and expiring October 1, 2007, substituted "G.S. 135-3(8)c" for "G.S. 135-3(8)c1" in subdivision (a)(5a). Session Laws 2001-424, s. 32.25(b), as amended by 2002-126, s. 28.10(d), as amended by Session Laws 2004-124, s. 31.18A(d), as amended by 2005-144, s. 7A.4, as amended by 2007-145, s. 7(d), and as amended by 2007-326, s. 3(d), effective July 1, 2001, and expiring October 1, 2007, substituted "six months" for "12 months" in two places in subdivision (a)(5a). See Editor's note for expiration date. Session Laws 2007-326, effective October 1, 2007, and expiring October 1, 2009, reenacted subdivision (a)(5a) on August 1, 2007, and rewrote the subdivision. Session Laws 2009-326, s. 1, effective July 24, 2009, and applicable to proceedings initiated after August 31, 2009, rewrote subsection (c); and added subdivisions (m)(3) through (m)(7). For applicability provision for subdivision (m)(4), see Editor's note. Session Laws 2010-31, s. 7.14(a), effective June 30, 2010, and applicable to probationary teachers rehired by the same school district beginning in the 2010-2011 school year, added the subdivision (c)(5)a. designation and subdivision (c)(5)b. Session Laws 2010-163, s. 1, effective July 30, 2010, and applicable to career employees who resign on or after that date, added subdivision (o)(1); and added the subdivision (o)(2) designation, and therein twice inserted "who is not recommended for dismissal" and made minor stylistic changes. Session Laws 2011-145, ss. 7.23(b) and 7.25(e), effective July 1, 2011, deleted the last two sentences of the last paragraph in subdivision (e)(2), which read: "Career employees whose names are placed on such a list shall have a priority on all positions in which they acquired career status and for which they are qualified which become available in that system for the three consecutive years succeeding their dismissal. However, if the local school board administrative unit offers the dismissed career employee a position for which he is certified and he refuses it, his name shall be removed from the priority list"; and inserted "Public Instruction" in subsection (p). Session Laws 2011-348, s. 1, effective July 1, 2011, and applicable to persons recommended for dismissal or demotion on or after that date, rewrote the section. Session Laws 2011-348, s. 8.5(a), effective July 1, 2011, and applicable to persons recommended for dismissal or demotion on or after that date, in subdivision (e)(2), in the first paragraph, substituted "hearing officer" for "case manager" in the last sentence, and made gender-neutralizing changes. Session Laws 2012-194, s. 21(a), effective July 17, 2012, substituted "Services and Public Instruction and the Divisions of Juvenile Justice and Adult Correction of the Department of Public Safety" for "Services, Public Instruction, Correction, or Juvenile Justice and Delinquency Prevention [the Division of Juvenile Justice of the Department of Public Safety]" in subsection (p). Session Laws 2013-360, s. 9.6(f), effective August 1, 2013, repealed subdivisions (c)(1) through (c)(3) and (c)(5) and (c)(6), which pertained to Election of a Teacher to Career Status, Employment of a Career Teacher, Notice of Teachers Eligible to Achieve Career Status, Ineligibility for Career Status, Consecutive Years of Service, and Status of Exchange Teachers, respectively. For applicability, see Editor's note. Session Laws 2014-115, s. 9, effective August 11, 2014, substituted "Education's" for "Eduation's" in the third sentence of subdivision (h)(7). Session Laws 2015-241, s. 8.38(b), effective July 1, 2015, added present subdivision (e)(2)a., and designated the existing provisions as subdivision (e)(2)b. For delayed repeal, see editor's notes. Session Laws 2017-157, s. 2(b), effective July 21, 2017, rewrote the section. Session Laws 2017-186, s. 2(eeeee), effective December 1, 2017, substituted "Public Instruction, and Public Safety" for "and Public Instruction and the Divisions of Juvenile Justice and Adult Correction of the Department of Public Safety" in subsection (p). Session Laws 2017-189, s. 4(c), effective July 27, 2017, added the third sentence in subdivision (f)(1). For effective date and applicability, see editor's note. Session Laws 2017-189, s. 4(d), effective July 27, 2017, added the last sentence in subdivision (o)(2). For effective date and applicability, see editor's note. Session Laws 2017-189, s. 6(j), effective July 27, 2017, in the third sentence of subdivision (f)(1), substituted "career employee" for "teacher" twice and substituted "employee" for "teacher" three times. Session Laws 2017-189, s. 6(k), effective July 27, 2017, in subdivision (o)(2) substituted "career employee" for "teacher, career or probationary," in the first sentence; substituted "career employee" for "teacher" four times, and substituted "employee" for "teacher" throughout the remainder of subdivision (o)(2). Legal Periodicals. - For note on racial discrimination in teacher hiring and firing, see 45 N.C.L. Rev. 166 (1966), commenting on Wheeler v. Durham City Bd. of Educ., 363 F.2d 738 (4th Cir. 1966) and Chambers v. Hendersonville City Bd. of Educ., 364 F.2d 189 (4th Cir. 1966). For note on abrogation of contractual sovereign immunity, see 12 Wake Forest L. Rev. 1082 (1976). For survey of 1976 case law dealing with administrative law, see 55 N.C.L. Rev. 898 (1977). For survey of 1977 constitutional law, see 56 N.C.L. Rev. 943 (1978). For article, "Teacher Renewal in North Carolina," see 14 Wake Forest L. Rev. 739 (1978). For comment on defining inadequate performance under the North Carolina Tenured Teacher Fair Dismissal Act, see 3 Campbell L. Rev. 77 (1981). For note on Leandro v. State, 346 N.C. 336 , 488 S.E.2d 249 (1997), see 76 N.C.L. Rev. 1481 (1998). 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). For article, "Far From a 'Dead Letter': The Contract Clause and North Carolina Association of Educators v. State," see 96 N.C.L. Rev. 168 (2018).