Agenda - 12-14-2004-9b - Laserfiche WebLink

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i §115C-299 ART 20. TEACHERS § 1150-299. Hiring of teachers. §'115C-301 (a) In the city administrative units, teachers shall be elected by the boazd of education of such administrative unit upon the recommendation of the superintendent of city schools. Teachers shall be elected by the county and city boards of education upon the recommendation of the superintendent, in accordance with the provisions of G.S. 115C-276(j), (b) No person otherwise qualified shall be denied the right to receive credentials from the State Board of Education, to receive training for the purpose of becoming a teacher, or to engage in practice teaching in any school bo de of educat ontrefuse to employ such a person on su h' grounds. (1955cae. 1372, art. 5, s, 4; 1.971, c. 949; 1981, c. 423, s. 1; 1985 (Reg. Sass., 1986), c. 975, s. 5.) CASE NOTES Editor's Nate. -Most of the cases below were decided under corresponding provisions of former Chapter 115 Final Authority for Election of Teachers Vested in Board, -The superintendent makes recommendations, but the final author- ity fox the election of teachers is vested in the school board. Johnson v Gray, 263 N C. 507, 139 S E.2d 551 (1965) 6uperintendent Entitled to Recommend Against Rehiring. - A school board's failure to renew a probationary teacher's contract be- cause the principal and superintendent recom- mended that he not be rehired would not be arbitrary, capricious, or for personal reasons, since the superintendent is entitled to make such recommendations. Hasty v, Bellamy, 44 N C. App. 15, 260 S.E,2d 135 (1979). No Claim Based on Failure to Renew Contract. - Plainti5 stated no claim for relief against a school superintendent and principal in an action to recover damages arising from failure to renew plaintiff's contract as a teacher, since the power to hire teachers rests in the school board. Hasty v. Bellamy, 44 N.C. App. 15, 260 S,E.Zd 135 (1979). Cited in Abell v. Nash County Bd. of Educ, 71 N.C. App 46, 321 S E ~d 502 (1984). § 1150.300. ln-service training. Local boards of education are authorized to prot2de for the professional growth of teachers while in service and to pass rules and regulations requiring teachers to cooperate with their superintendent for the improvement of instruction in the classroom and for promoting community improvement. (1955, c. 1372, art.. 5, s. 29; 1981, c. 423, s. 1J § 1150-301. Allocation of teachers; class size. (a) Request for Funds. -The State Board of Education, based upon the reports of local boards of education and such other information as the State Board may require from local boazds, shall determine for each local school administrative unit the number of teachers and other instructional personnel to be included in the State budget request. (b) Allocation of Positions. -The State Board of Education is authorized to adopt rules to allot instructional personnel and teachers, within funds appro- Class Size. -The average class size for each grade span in a inistrative unit shall at no time exceed the funded allotment to students. At the end of the second school month and for the school year, the size of an individual class shall not exceed the by more than three students. At no time may the General rriate funds for higher unit-wide class averages than those for is were nro~ided during the 1984-85 school year. .J ..~; .. E~H i? t. to w ~ ci.a Er <~''~