GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1178

Short Title:  Competency Test/Low-Performing Schools.  	(Public)

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Sponsors: Representatives Ellis; and Pope (Primary Sponsors).

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Referred to:  Education.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO REQUIRE COMPETENCY TESTING FOR ALL CERTIFIED STAFF MEMBERS AT LOW-PERFORMING SCHOOLS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 115C-105.38A reads as rewritten:
"§ 115C-105.38A.  Teacher competency assurance.
			 (a)	General Knowledge Test. – The State Board of Education shall require all certified staff members working in schools at the time the schools are identified as low-performing under this Article and to which the State Board has assigned an assistance team to demonstrate their general knowledge by acquiring a passing score on a test designated by the State Board. The first general knowledge test shall be administered at the end of the 1999-2000 school year. In subsequent years, the State Board shall determine when to administer the test for certified staff members in schools that are identified that year as low-performing and assigned an assistance team.
(b)	Repealed by Session Laws 1998-5, s. 1.
(b1)	Exemptions. – The following certified staff members shall be exempt from taking the general knowledge test required under subsection (a) of this section.
(1)	Certified staff members who have:
a.	Taken and passed the PRAXIS I exam as a condition of entry into a school of education; and
b.	Taken and passed the PRAXIS II exam after July 1, 1996.
(2)	Certified staff members who have previously taken and passed the general knowledge test.
The exemptions under this subsection shall expire July 1, 2000, unless the State Board adopts a policy to continue them.
(c)	Remediation. – Certified staff members who do not acquire a passing score on the general knowledge test shall engage in a remediation plan based upon the deficiencies identified by the test. The remediation plan for deficiencies of individual certified staff members shall consist of up to a semester of university or community college training or coursework or both.  The remediation shall be developed by the State Board of Education in consultation with the Board of Governors of The University of North Carolina. The State Board shall reimburse the institution providing the remediation any tuition and fees incurred under this section. If the remediation plan requires that the staff member engage in a full-time course of study or training, the staff member shall be considered on leave with pay.
(d)	Retesting.  – Upon completion of the first remediation plan, the certified staff member shall take the general knowledge test a second time. If the certified staff member fails to acquire a passing score on the second test, the State Board shall provide a program of further remediation under subsection (e1) of this section.
(e)	Repealed by Session Laws 1998-5, s. 1.
(e1)	Dismissal. – Upon completion of the second remediation plan, the certified staff member shall take the general knowledge test a third time. If the certified staff member fails to acquire a passing score on the third test, the State Board shall begin dismissal proceedings under G.S. 115C-325(q)(2a).
(f)	Other Actions Not Precluded. – Nothing in this section shall be construed to restrict or postpone the following actions:
(1)	The dismissal of a principal under G.S. 115C-325(q)(1);
(2)	The dismissal of a teacher, assistant principal, director, or supervisor under G.S. 115C-325(q)(2);
(3)	The dismissal or demotion of a career employee for any of the grounds listed under G.S. 115C-325(e);
(4)	The nonrenewal of a school administrator's or probationary teacher's contract of employment; or
(5)	The decision to grant career status.
(g)	Repealed by Session Laws 1998-5, s. 1.
(g1)	Future Testing. – The State Board shall develop a plan for testing and shall test all certified staff members in low-performing schools identified at the end of the 1999-2000 school year. When developing the plan, the State Board shall consider administering tests in the area of an individual's certification as well as the general knowledge test. The State Board shall report this plan to the Joint Legislative Education Oversight Committee prior to November 15, 2000."
Section 2.  G.S. 115C-325(q)(2a) reads as rewritten:
"(2a)	Notwithstanding any other provision of this section or any other law, this subdivision shall govern the State Board's dismissal of certified staff members who have engaged in a remediation plan under G.S. 115C-1-5.38A(a) but who, after two retests, fail to meet the general knowledge standard set by the State Board. The failure to meet the general knowledge standard after two retests shall be substantial evidence of the inadequate performance of the certified staff member.
	A certified staff member may request a hearing before a panel of three members of the State Board within 30 days of any dismissal under this subdivision. The State Board shall adopt procedures to ensure that due process rights are afforded to certified staff members recommended for dismissal under this subdivision. Decisions of the panel may be appealed on the record to the State Board, with further right of judicial review under Chapter 150B of the General Statutes."
Section 3.  This act becomes effective July 1, 1999, and applies to school years beginning with the 1999-2000 school year.