GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 169
The General Assembly of North Carolina enacts:
Section 1. G.S. 115C-325(b) reads as rewritten:
"(b) Personnel Files. -
The superintendent shall maintain in his office a personnel file for each
teacher that contains any complaint, commendation, or suggestion for correction
or improvement about the teacher's professional conduct. conduct,
except that the superintendent may elect not to place in a teacher'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letter of complaint that contains invalid, irrelevant, outdated, or false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 teacher's
file only after five days' notice to the teacher. Any denial or explanation
relating to such complaint, commendation, or suggestion that the teacher
desires to make shall be placed in the file. Any teacher may petition the local
board of education to remove any information from his personnel file that he
deems invalid, irrelevant, or outdated.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or outdated.
The personnel file shall be open for the teacher'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 teacher before his employment by the board may be kept in a file separate from his personnel file and need not be made available to him. No data placed in the preemployment file may be introduced as evidence at a hearing on the dismissal or demotion of a teacher."
Sec. 2. G.S. 115C-276(1) reads as rewritten:
"(l) To Maintain
Personnel Files and to Participate in Firing and Demoting of Staff. - The
superintendent shall maintain in his office a personnel file for each teacher
that contains any complaint, commendation, or suggestion for
correction complaints, commendations, or suggestions for
correction or improvement about the teacher and shall participate in the
firing and demoting of staff staff, as provided in G.S.
115C-325."
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 16th day of June, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives