GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-260
AN ACT TO CLARIFY THE RIGHT TO APPEAL TO A LOCAL BOARD OF EDUCATION, AND TO REQUIRE NOTICE OF THE DISMISSAL, DEMOTION, OR SUSPENSION WITHOUT PAY OF NONCERTIFIED EMPLOYEES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-45(c) reads as rewritten:
"(c) Appeals to Board of
Education and to Superior Court. - An appeal shall lie to the local board of
education from the any final administrative decision of
all school personnel to the appropriate local board of education.in the
following matters:
(1) The discipline of a student under G.S. 115C-391(c), (d), (d1), (d2), or (d3);
(2) An alleged violation of a specified federal law, State law, State Board of Education policy, State rule, or local board policy, including policies regarding grade retention of students;
(3) The terms or conditions of employment or employment status of a school employee; and
(4) Any other decision that by statute specifically provides for a right of appeal to the local board of education and for which there is no other statutory appeal procedure.
As used in this subsection, the term "final administrative decision" means a decision of a school employee from which no further appeal to a school administrator is available.
Any person aggrieved by a decision not covered under subdivisions (1) through (4) of this subsection shall have the right to appeal to the superintendent and thereafter shall have the right to petition the local board of education for a hearing, and the local board may grant a hearing regarding any final decision of school personnel within the local school administrative unit. The local board of education shall notify the person making the petition of its decision whether to grant a hearing.
In all such appeals to the board it shall beis
the duty of the board of education to see that a proper notice is given to
all parties concerned and that a record of the hearing is properly entered in
the records of the board conducting the hearing.
The board of education may designate hearing panels composed of not less than two members of the board to hear and act upon such appeals in the name and on behalf of the board of education.
An appeal shall lie from the decision of a local board of
education to the superior court of the State in any action of a local board of
education affecting one's character or right to teach.An appeal of right
brought before a local board of education under subdivision (1), (2), (3), or
(4) of this subsection may be further appealed to the superior court of the
State on the grounds that the local board's decision is in violation of
constitutional provisions, is in excess of the statutory authority or
jurisdiction of the board, is made upon unlawful procedure, is affected by
other error of law, is unsupported by substantial evidence in view of the
entire record as submitted, or is arbitrary or capricious. However, the right
of a noncertified employee to appeal decisions of a local board under
subdivision (3) of this subsection shall only apply to decisions concerning the
dismissal, demotion, or suspension without pay of the noncertified employee. A
noncertified employee may request and shall be entitled to receive written
notice as to the reasons for the employee's dismissal, demotion, or suspension
without pay. The notice shall be provided to the employee prior to any local
board of education hearing on the issue. This subsection shall not alter the
employment status of a noncertified employee."
SECTION 2. G.S. 115C-305 is repealed.
SECTION 3. This act becomes effective July 1, 2001, and applies to final administrative or school board decisions made on or after that date.
In the General Assembly read three times and ratified this the 26th day of June, 2001.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 6:22 p.m. this 29th day of June, 2001