NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 780

SENATE BILL 943

AN ACT TO REQUIRE THAT CERTAIN PROCEDURES BE FOLLOWED BEFORE REDUCING THE TERM OF EMPLOYMENT OF OCCUPATIONAL EDUCATION TEACHERS.

The General Assembly of North Carolina enacts:

Section 1. Article 17 of Chapter 115 of the General Statutes is hereby amended by adding a new section which shall read as follows:

"§ 115-142.3.  The following procedures shall be complied with before any city or county board of education may take any action reducing the term of employment of any occupational education teacher:

(a)        At least 60 calendar days prior to the beginning date of any reduction in the term of employment, the board shall give written notice to the occupational education teacher of its intentions and reasons for the proposed action.

(b)        Within 15 calendar days of receipt of this written notice, the occupational education teacher may request a hearing before the board. The board shall conduct such hearing within 20 calendar days of receipt of the request with the occupational education teacher being given at least 10 calendar days' notice of the date of hearing.

(c)        At the hearing, the occupational education teacher may be accompanied by a representative of his choice and may present such witnesses and other evidence as he may wish in order to show that a reduction in his term of employment is unjustified or arbitrary.

(d)        After the hearing, the board shall make its decision and notify the occupational education teacher in writing.

(e)        Any occupational education teacher whose term of employment has been reduced by the board pursuant to this section shall have the right to appeal from the decision of the board to the superior court for the judicial district in which the occupational education teacher is employed. The appeal shall be filed within a period of 30 calendar days after notification of the decision of the board.

The board shall advise the Division of Occupational Education of the Department of Public Instruction of its intention to reduce the term of employment of an occupational education teacher at least 90 calendar days prior to the effective date of reduction in his term of employment."

Sec. 2.  This act shall become effective January 1, 1974.

In the General Assembly read three times and ratified, this the 23rd day of May, 1973.