Bill Summary for S 466 (2011-2012)

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Summary date: 

Apr 14 2011
S.L. 2011-348

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 466 (Public) Filed Wednesday, March 30, 2011
Intro. by Hartsell, Tillman.

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Bill summary

Senate committee substitute makes the following changes to 1st edition.
Amends GS 115C-325 (system of employment for public school teachers) to replace references to “certificate” and “certified” with the terms “license” or “licensed” teachers in several definitions, where applicable. Clarifies the explanation of “Inadequate Performance” to provide that a performance rating below proficient may or may not be deemed adequate for a probationary teacher (was, for a probationary teacher without a Professional Standards II license) by a superintendent. Adds that a performance rating below proficient will be inadequate performance unless the principal documents that the teacher is making adequate progress toward proficiency under the circumstances. Clarifies that the Superintendent must submit a list of approved hearing officers within five days (was, five work days) of the hearing request notification, and makes a conforming change to remove “work” from various timelines in the statute. Clarifies that the State Board of Education (SBOE) must, except for good cause shown, remove a hearing officer from the list if the officer failed to conduct a hearing or prepare a report as specified. Also clarifies that a hearing officer will, except for good cause shown, be removed from the list for failure to meet SBOE terms and conditions of engagement. Makes conforming changes to replace references to “case manager” with “hearing officer” in the statute, and deletes, from GS 115C-325(j2), the requirement that the case manager deliver a recommendation on whether the grounds for dismissal or demotion are substantiated to the board. Makes other technical and clarifying changes.
Amends GS 115C-333, which concerns evaluation of licensed employees in low-performing schools, mandatory improvement plans, and board notification after employee dismissal, to clarify that all teachers in low-performing schools without career status will be observed as detailed. Also clarifies that a local board must use performance standards and criteria adopted by the SBOE to evaluate licensed employees in low-performing schools and may adopt additional criteria and standards (currently allows the local board to develop an alternative evaluation). Deletes all provisions in original GS 115C-333(b) and reorganizes amendments proposed in the previous edition to enact new subdivisions (1a), (2a), (3), and (4). Retains description of a mandatory improvement plan as an instrument to improve the performance of a teacher or any licensed employee in a low-performing school, and deletes provision using the plan only if the superintendent determines that a growth plan will not address the deficiencies. Retains procedure followed if a licensed employee in a low-performing school receives a below proficient rating or otherwise shows unsatisfactory or below standard performance in a specified area. Retains provision requiring mandatory improvement plans be developed by the person or assistance team that evaluated the licensed employee or supervisor. Adds a provision allowing the principal to immediately institute a mandatory improvement plan if a licensed employee engages in inappropriate conduct or performs inadequately and causes substantial harm to the educational environment, but dismissal or demotion is not appropriate. Makes other clarifying changes.
Amends proposed GS 115C-333.1, which provides for teacher evaluation in schools not identified as low-performing, to add that a mandatory improvement plan will be used only if the superintendent determines that a growth plan will not address the deficiencies. Makes other clarifying changes. Makes conforming changes to GS 115C-276(s), and makes conforming and clarifying changes to GS 115C-296.
Makes additional clarifying changes. Changes the act’s effective date to apply to persons recommended for dismissal or demotion on or after July 1, 2011.