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2010 |
SCHOOL
ADMINISTRATOR CONTRACTS |
2010 |
A. Employment of School Administrator
1.
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.
2. The board will issue written contracts to
those school administrators who are entitled to contracts under state law.
3.
The policy shall not create any right to continued employment beyond the
rights granted by law.
B. Notice of Superintendent’s Recommendation
1.
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.
2.
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 or Demotion
Any
action to dismiss or demote 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, Chief
Officers, Area Superintendents, Assistant Superintendents 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.
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Legal Reference: G.S. 115C-45, G.S. 115C-276, G.S.
115C-278, G.S. 115C-278.1, G.S. 115C-325 and G.S. 115C-287.1 |
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Adopted: March 17, 1997 |
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Revised: February 16, 2010 |