NC Education Code · Regulation
Title 16 — root / Chapter 06 — SubChapter G
Plain English summary
This subchapter covers education agency relations including private school licensing (repealed), high school accreditation frameworks, school-based management, and accountability programs. Key active provisions establish the High School Accreditation Framework process, flexible funding waiver exclusions, a school improvement plan dispute resolution process, definitions for accountability measures, criteria for identifying low-performing schools, and due process protections for employees at low-performing schools facing dismissal or demotion hearings before the SBE.
Key requirements
- The district superintendent shall make the request for accreditation review in writing and submit it to the SBE.
- The NCDPI shall conduct the accreditation review using three years of data.
- Accreditation shall be valid for five years.
- The SBE shall not consider or grant waivers for: teacher assistants; matching state funds for federal vocational education; transportation; employee benefits, including annual leave and longevity; Willie M.; and all federal funds.
- If a local board of education does not accept a school's improvement plan within 60 days after the principal initially submitted the plan to the board, the board or the school shall have 30 days to file a request with the SBE to resolve any disagreement over the plan.
- The request shall be signed by either the board chair or the principal.
- The request shall include the school's proposed improvement plan, the board's proposed changes to that plan, and a summary of the disputed issues.
- The SBE shall identify a school as low-performing if its expected growth composite score is less than zero and its composite performance score is less than 50 percent.
- Local boards of education and local school employees shall cooperate with assistance teams in the performance of their duties under G.S. 115C-105.38 and shall comply with all assistance team requests for access to information, documents, students, personnel and meetings.
- At any hearing conducted by a panel of the SBE pursuant to G.S. 115C-325(q) and G.S. 115C-325.11, the panel shall sit as an impartial tribunal to receive evidence and to decide based on a preponderance of that evidence whether the employee shall be reinstated, demoted, or dismissed.
- Both the employee and the assistance team shall have the right to be represented by counsel at the hearing; to subpoena witnesses and documents; to examine and cross-examine witnesses under oath; and to present relevant evidence using witnesses and documents.
- The panel's decision shall contain findings of fact, conclusions of law, a description of any disciplinary actions to be imposed on the employee, and a statement that the employee may file a notice of appeal to the full SBE within 10 days of receipt of decision.
- The employee may submit a written brief of no more than 8,750 words on appeal; the assistance team may file a response of no more than 8,750 words within seven business days after service of the employee's brief.
- The SBE shall consider the appeal at its next regularly-scheduled meeting that is at least 20 days after receipt of notice of the appeal and shall render a decision within 30 days after that meeting is adjourned.
- Before the SBE revokes a superintendent's license or terminates the contract of a superintendent pursuant to G.S. 115C-105.39(c)(2), the SBE shall provide the superintendent with notice of how the superintendent has failed to cooperate with the assistance team or has otherwise hindered the school's ability to improve, and the superintendent shall have ten days to deliver a written response to the charges.
Affected parties
- Local Education Agencies (LEAs)
- Local boards of education
- District superintendents
- Principals
- Assistant principals
- Teachers
- Supervisors and directors
- School improvement teams
- State Board of Education (SBE)
- North Carolina Department of Public Instruction (NCDPI)
- Students with disabilities (IEP)
- Charter schools
- Private business and trade schools (repealed)