5610 -SCHOOL ADMINISTRATOR CONTRACTS
The Durham Public Schools Board of Education will issue written contracts to those school administrators who are entitled to contracts under state law. In this policy, 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 other part of the instructional program. This policy shall not create any right to continued employment beyond those rights granted by law.
5610.1 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 administration 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 or reasons 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 administration contract and the Board decides not to offer the school administrator a new, renewed, or extended school administration contract, the Board will notify the school administrator of its decision by June 1 of the final year of the current contract, or as soon as is practicable thereafter. 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 150B of the North Carolina General Statutes.
5610.2 Hearing Procedure:
If a school administrator wishes to appeal the Superintendent's decision not to recommend a new, renewed, or extended school administration contract, the following procedures shall apply:
A. The administrator may request a hearing before the Board of Education by filing a written request with the Superintendent within ten (10) days of receiving written notice of the Superintendent's recommendation. The request for a hearing must state the specific reasons for challenging the Superintendent's recommendation.
B. The school administrator and Superintendent will be notified of the time, date and the place of the hearing. At least two (2) 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.
C. A record of the hearing shall be made and maintained by the Board.
D. 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, each side will be allowed thirty (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 may limit or exclude duplicative or irrelevant evidence.
E. The Board may uphold the Superintendent's recommendation if it finds that the reason(s) for the recommendation is not arbitrary, capricious, discriminatory, personal or political.
F. The Board will notify the school administrator of a decision not to offer a new, renewed, or extended school administration contract no later than June 1 of the final year of the current contract. The notice shall be sent by certified mail. 5610.3 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.
5610.3 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, -276, -278, -287.1, -325
Adopted Effective: January 28, 1997
Revised Effective: July 1, 1999
