Bill Text: NC H1377 | 2010 | Regular Session | Chaptered

Bill Title: Safe Schools Act

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2010-07-30 - Ch. SL 2010-163 [H1377 Detail]

Download: North_Carolina-2010-H1377-Chaptered.html





SESSION LAW 2010-163




AN ACT to enact the safe schools act.


The General Assembly of North Carolina enacts:


SECTION 1.  G.S. 115C‑325(o) reads as rewritten:

"(o)      Resignation.

(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:

a.         The superintendent shall report the matter to the State Board of Education.

b.         The 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.

c.         The employee shall be deemed to have voluntarily surrendered his or her certificate pending an investigation by the State Board of Education in a determination whether or not to seek action against the employee's certificate.  This certificate surrender shall not exceed 45 days from the date of resignation. Provided further that the cessation of the certificate 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 employee's certificate within 45 days from the date of resignation.(2)         A teacher, career or probationary, 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 the a teacher 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 teacher's certificate for the remainder of that school year. A copy of the request shall be placed in the teacher's personnel file."

SECTION 2.  This act is effective when it becomes law and applies to career employees who resign on or after that date.

In the General Assembly read three times and ratified this the 9th day of July, 2010.



                                                                    s/  Walter H. Dalton

                                                                         President of the Senate



                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives



                                                                    s/  Beverly E. Perdue




Approved 2:30 p.m. this 30th day of July, 2010