NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06G .0308
Plain English summary
This regulation establishes due process hearing procedures before State Board of Education panels for employees of low-performing schools facing reinstatement, demotion, or dismissal. It grants both the employee and the assistance team rights to counsel, subpoenas, cross-examination, and evidence presentation, while setting specific timelines for appeals, briefs, and decisions. The rule also addresses superintendent license revocation and teacher license procedures, and was most recently readopted effective January 1, 2025.
Key requirements
- 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.
- Both the employee and the assistance team shall have the right to subpoena witnesses and documents.
- Both the employee and the assistance team shall have the right to examine and cross-examine witnesses under oath.
- Both the employee and the assistance team shall have the right to present relevant evidence using witnesses and documents.
- The panel of the SBE which conducts the hearing shall give written notice to the parties of the time and place of the hearing.
- The panel of the SBE which conducts the hearing shall make a complete record of the evidence received during the hearing.
- The panel of the SBE which conducts the hearing shall issue subpoenas for witnesses and documents on behalf of any party to the proceedings.
- The assistance team shall have the burden of proof but the findings and recommendations of the assistance team shall be substantial evidence of the inadequate performance of the employee.
- 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.
- An appeal from the SBE panel's decision to the full SBE shall be on the record.
- The employee may submit a written brief of no more than 8,750 words.
- 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.
- Word counts shall conform to Rule 28(j) of the North Carolina Rules of Appellate Procedure and parties shall certify their word counts on the last page of any 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, 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.
- The superintendent shall have ten days to deliver a written response to the charges.
- If the SBE revokes or refuses to renew a teacher's license pursuant to G.S. 115C-296(d), the procedures set forth in 16 NCAC 06C .0600 shall apply.
- Any requests, notices, or correspondence from the SBE or parties required or permitted under this Rule shall be served in the manner prescribed in G.S. 1A-1, Rule 5 of the North Carolina Rules of Civil Procedure.
Affected parties
- principals
- assistant principals
- teachers
- supervisors
- directors
- superintendents
- State Board of Education panels
- assistance teams assigned to low-performing schools
- employees of low-performing schools