NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06G .0304
Plain English summary
This rule establishes the dispute resolution process when a local board of education does not accept a school's improvement plan within 60 days of submission. Either party has 30 days to request SBE intervention, after which an appointed decisionmaker will facilitate resolution by reviewing evidence and arguments from both sides. The decisionmaker's final signed plan constitutes binding resolution of the dispute under state statute.
Key requirements
- 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 Superintendent of Public Instruction or the Superintendent's delegee shall appoint a decisionmaker to conduct and control all the proceedings related to the dispute and resolve the dispute.
- The decisionmaker shall give the parties the opportunity to submit evidence, state their arguments, and respond to the other party's evidence and arguments.
- The decisionmaker shall create a school improvement plan that consists of those components on which the parties agree and those components from either the school improvement team's proposed plan or the board's proposed plan that the decisionmaker determines are most likely improve student performance.
- Once the decisionmaker has signed the plan and served it on the parties, the decisionmaker's plan shall become the school improvement plan and shall constitute a final resolution of the dispute under G.S. 115C-105.20(b)(5).
- Any requests, notices, or correspondence from the decisionmaker or any party required or permitted under this Rule shall be served on the other party and the decisionmaker in the manner prescribed in G.S. 1A-1, Rule 5 of the North Carolina Rules of Civil Procedure.
Affected parties
- local boards of education
- school principals
- school improvement teams
- State Board of Education
- Superintendent of Public Instruction