2031                                 

School Administrator Contracts

2031

A.

Employment of School Administrator

The board will issue written contracts to those school administrators who are entitled to contracts under state law. The term “school administrator” means any principal, assistant principal, supervisor, or director whose major function includes the direct or indirect supervision of teaching or of any part of the instructional program.  The policy shall not create any right to continued employment beyond the rights granted by law.

B.

Notice of Superintendent’s Recommendation

If the Superintendent decides not to recommend that the Board offer a school administrator a new, renewed, or extended school administrator contract, the Superintendent shall give the school administrator written notice of the decision no later than May 1 of the final year of the current contract and shall list the reason(s) for the decision.  No further action by the Superintendent shall be necessary unless the school administrator requests a hearing as provided below.

If the Superintendent recommends that the Board offer a school administrator a new, renewed, or extended school administrator contract and the Board decides not to offer the school administrator a new, renewed, or extended school administrator contract, the Board will notify the school administrator of its decision by June 1 of the final year of the current contract.  The Board’s decision not to offer the school administrator a new, renewed, or extended contract may be for any cause that is not arbitrary, capricious, discriminatory, personal, or political.  The Board’s decision is subject to judicial review in accordance with Article 4 of Chapter 150 B of the North Carolina General Statutes.

C.

Hearing Procedure

If a school administrator wishes to appeal the Superintendent’s decision not to recommend a new, renewed, or extended school administrator contract, the following procedures shall apply.

1.

The administrator may request a hearing before the Board of Education by filing a written request with the Superintendent within 10 calendar days of receiving written notice of the Superintendent’s recommendation.  The request for a hearing must state the specific reason(s) for challenging the Superintendent’s recommendation.

2.

The Board of Education may designate a hearing panel of at least three Board members to hear the appeal and act upon the school administrator’s request. The decision of a Board panel shall be final.

3.

The school administrator and Superintendent will be notified of the time, date, and place of the hearing.  At least two work days before the day of the hearing, the school administrator and Superintendent will provide to the Board and to one another copies of all documents to be presented at the hearing. Documents not exchanged in advance of the hearing may not be used as evidence without the consent of both parties or by a majority vote of the Board or hearing panel.

4.

A record of the hearing shall be made and maintained by the Board.

5.

The hearing shall be informal. Formal rules of evidence will not apply.  The school administrator and the Superintendent may be represented by legal counsel and may present witnesses.  Unless otherwise modified by the Board or Board panel, each side will be allowed 30 minutes to make a presentation. The Superintendent shall make his/her presentation first, followed by the school administrator.  Either party may reserve time for rebuttal. The Board or Board panel may limit or exclude duplicative or irrelevant evidence.

6.

The Board or Board panel may uphold the Superintendent’s recommendation if it finds that the reason(s) for the recommendation is not arbitrary, capricious, discriminatory, personal, or political.

7.

The Board or Board panel will notify the school administrator of a decision not to offer a new, renewed, or extended school administrator contract no later than June 1 of the final year of the current contract.  The notice shall be sent by certified mail.

D.

Dismissal

Any action to demote or dismiss a school administrator during the term of the school administrator’s contract shall comply with G.S.  115C-325.

E.

Other Administrators

This policy does not apply to the superintendent, any assistant or associate superintendent, or any administrator whose major function does not include the direct or indirect supervision of teaching or of any other part of the instructional program.

Legal Reference: G.S. 115C-45, G.S. 115C-276, G.S. 115C-278, G.S. 115C-278.1, and G.S. 115C-325

Adopted: March 17, 1997