§115C-105.38A. Teacher competency assurance

(a)        General Knowledge Test. -

(1)        Each assistance team assigned to a low-performing school during the 1997-98 school year shall review the team's evaluations of certified staff members to determine which staff members have been designated by the team as Category 3 teachers. The assistance team shall then determine whether lack of general knowledge contributed to the Category 3 designation. If the assistance team determines that a certified staff member's lack of general knowledge contributed to that staff member being designated as a Category 3 teacher, the assistance team shall submit the staff member's name to the State Board. Upon receipt of the notification, the State Board shall require that the certified staff members identified by the assistance teams demonstrate their general knowledge by acquiring a passing score on a test designated by the State Board. The State Board shall administer the general knowledge test required under this subdivision at the end of the 1997-98 school year.

(2)        During the 1998-99 school year and thereafter, either the principal assigned to a low-performing school or the assistance team assigned to a low-performing school may recommend to the State Board that a certified staff member take a general knowledge test. A principal or an assistance team may make this recommendation if the principal or the assistance team determines that the certified staff member's performance is impaired by the staff member's lack of general knowledge. After receipt of the notification, but prior to the end of the fiscal year, the State Board shall require that all certified staff members identified under this subdivision demonstrate their general knowledge by acquiring a passing score on a test designated by the State Board.

(b)        Repealed by Session Laws 1998-5, s. 1, effective June 9, 1998.

(c)        Remediation. - Certified staff members who do not acquire a passing score on the test required under subsection (a) of this section shall engage in a remediation plan based upon the deficiencies identified by the test, or an assistance team, or a principal. The remediation plan for deficiencies of individual certified staff members shall consist of up to a semester of university or community college training or coursework or other similar activity to correct the deficiency. The remediation shall be developed by the State Board of Education in consultation with the Board of Governors of The University of North Carolina. The State Board shall reimburse the institution providing the remediation any tuition and fees incurred under this section. If the remediation plan requires that the staff member engage in a full-time course of study or training, the staff member shall be considered on leave with pay.

(d)       (Effective until June 30, 2018) Retesting; Dismissal. - Upon completion of the remediation plan required under subsection (c) of this section, the licensed staff member shall take the general knowledge test a second time. If the licensed staff member fails to acquire a passing score on the second test, the State Board shall begin a dismissal proceeding under G.S. 115C-325(q)(2a) or G.S. 115C-325.13.

(d)       (Effective June 30, 2018) Retesting; Dismissal. - Upon completion of the remediation plan required under subsection (c) of this section, the licensed staff member shall take the general knowledge test a second time. If the licensed staff member fails to acquire a passing score on the second test, the State Board shall begin a dismissal proceeding under G.S. 115C-325.13.

(e)        Repealed by Session Laws 1998-5, s. 1, effective June 9, 1998.

(f)        (Effective until June 30, 2018) Other Actions Not Precluded. - Nothing in this section shall be construed to restrict or postpone the following actions:

(1)        The dismissal of a principal under G.S. 115C-325.12.

(2)        The dismissal of a teacher, assistant principal, director, or supervisor under G.S. 115C-325(q)(2) or G.S. 115C-325.13.

(3)        The dismissal or demotion of an employee for any of the grounds listed under G.S. 115C-325(e) or G.S. 115C-325.4.

(4)        The nonrenewal of a school administrator's or teacher's contract of employment.

(5)        Repealed by Session Laws 2013-360, s. 9.7(c), effective July 1, 2014.

(f)        (Effective June 30, 2018) Other Actions Not Precluded. - Nothing in this section shall be construed to restrict or postpone the following actions:

(1)        The dismissal of a principal under G.S. 115C-325.12.

(2)        The dismissal of a teacher, assistant principal, director, or supervisor under G.S. 115C-325.13.

(3)        The dismissal or demotion of an employee for any of the grounds listed under G.S. 115C-325.4.

(4)        The nonrenewal of a school administrator's or teacher's contract of employment.

(5)        Repealed by Session Laws 2013-360, s. 9.7(c), effective July 1, 2014.

(g)        Repealed by Session Laws 1998-5, s. 1, effective June 9, 1998.

(1997-221, s. 3(a); 1998-5, s. 1; 2013-360, s. 9.7(c), (o).)