GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 106

 
 
Short Title:	Clarify Appeals to Local School Boards.	()	
Sponsors:	Representative Goodwin.	
Referred to:	Education.	
February 14, 2001

A BILL TO BE ENTITLED
AN ACT to clarify the right to APPEAL to a local board of education.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑45(c) reads as rewritten:
"(c)	Appeals to Board of Education and to Superior Court. – An appeal shall lie to the local board of education from any final administrative decision  in the following matters:
(1)	The discipline of a student under G.S. 115C-391(c), (d), (d1), (d2), or (d3);
(2)	An alleged violation of a specified federal law, State law, State Board of Education policy, State rule, or local board policy;
(3)	An alleged violation of an employee's contract of employment, unless there is a more specific appeal procedure provided by law;
(4)	Any decision affecting a school employee's character or right to teach, unless there is a more specific appeal procedure provided by law; and
(5)	Any other decision that by statute specifically provides for a right of appeal to the local board of education and for which there is no other statutory appeal procedure.
   A local board of education may also, in its discretion, grant a hearing regarding any final decision of school personnel within the local school administrative unit.
   In all appeals to the board it is the duty of the board of education to see that a proper notice is given to all parties concerned and that a record of the hearing is properly entered in the records of the board conducting the hearing.
The board of education may designate hearing panels composed of not less than two members of the board to hear and act upon such appeals in the name and on behalf of the board of education.
An appeal shall lie from the decision of a local board of education to the superior court of the State in any action of a local board of education affecting one's character or right to teach."
SECTION 2.  G.S. 115C‑305 reads as rewritten:
"§ 115C‑305.  Appeals to superior court.
School employees have a right to appeal final school board decisions affecting their character or the right to teach, as provided in G.S. 115C‑45(c)."
SECTION 3.  This act becomes effective January 1, 2002, and applies to final administrative or school board decisions on or after that date.