GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 3
HOUSE BILL 1377
Second Edition Engrossed 5/14/09
Senate Judiciary II Committee Substitute Adopted 7/6/10
Short Title: Safe Schools Act. |
(Public) |
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Sponsors: |
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Referred to: |
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April 9, 2009
A BILL TO BE ENTITLED
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 for a reason that is a mandatory reporting ground to the Licensure Section of the Department of Public Instruction and the employee chooses to resign without the written agreement of the superintendent, then:
a. The superintendent shall report the matter to the Licensure Section of the Department of Public Instruction.
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 DPI's Licensure Section 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 will 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 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.