EMPLOYMENT TERMS and DEFINITIONS
All employment terms are determined by the North Carolina Public Schools Benefits and Employment Policy Manual
DEFINITION OF TERMS
Permanent Employee
An employee who is either:
Employed to fill a position that is to be permanent if needs and funds continue. A permanent employee is eligible to receive full or pro-rata benefits, or
Employed for at least six full consecutive months to either replace one or more employees who are on an approved leave of absence without pay, or to fill a vacancy until a qualified replacement is employed. Eligibility for benefits must be determined at the time of initial employment or upon change of employment status.
A permanent employee may be employed full-time (at least 30 hours per week) or part-time (at least 20 hours per week, but less than the number of hours set as full-time for that class of work). Any permanent employee who works at least 30 hours per week is enrolled in the Teachers ’and State Employees’ Retirement System is eligible to receive employer-paid medical insurance for self.
Part-Time Employee
An employee who regularly works at least 20 hours per week, but less than the hours set as full-time for that class of work. A part-time employee earns annual leave, sick leave, and holidays on a pro-rata basis. A part-time employee does not receive retirement benefits and hospitalization, but is eligible for longevity pay, if it is available for that class of work.
Full-Time Employee
An employee whose regular workweek is the number of hours established as full-time for the class of work assigned, but not less than 30 hours per week.
Two or more part-time positions may be combined to produce full-time employment. An employee working in two or more positions may not earn more benefits than those allowed for a single, full-time position.
Temporary Employee
"Temporary employee" means a person who is either (a) employed to fill a position whose work week is less than 20 hours per week, or (b) employed for less than six (6) full consecutive months. Such an individual may be classified as full-time or part-time. A temporary employee is not eligible to earn leave, participate in the retirement system, or receive or purchase health benefits. Temporary employees may not use leave earned during any previous employment while working as a temporary employee.
Interim Employee
"Interim employee" means a person employed to fill a position for less than six full consecutive months that is temporarily vacant or is being held for an incumbent employee who is on leave without pay and expected to return.
Instructional Personnel
"Instructional personnel" means classroom teachers and teacher assistants. Instructional personnel who require substitutes are prohibited from using annual vacation leave on student attendance days except for catastrophic illness.
Substitute Teacher
"Substitute Teacher" means a person employed to fill in for a permanent employee who is using paid leave. Chatham County Schools partners with ESS to recruit, hire, train and place substitute teachers for the school district. Visit ESS online to apply or contact our ESS Account Manager, Sandy Collins, at 336-406-9754 (scollins@ess.com) for more information. As an ESS employee, substitutes are not eligible for benefits or bonus payments from Chatham County Schools.
Volunteer
A “bona fide volunteer” means an individual who:
volunteers of his/her own free will;
does not receive and does not expect to receive compensation (with no agreement or expectation of payment at a later date); and
provides services which would normally be provided by an (unpaid) volunteer.
Volunteering is not employment; therefore, volunteers cannot be used to fill or hold any
vacancies. Volunteering also must not affect or influence any future decisions the
employer may make with regard to the volunteer’s possible employment in the local
education agency.
*Information on the approval process for volunteers can be found on the school system’s web page.
Immediate Family
Refers to the employee’s:
Spouse
Children
Parents
Brothers
Sisters
Grandparents
Grandchildren, and
Dependents living in the employee’s household.
Also included are the step, half, and in-law relationships.
*Under Federal guidelines for the Family Medical Leave Act, “immediate family” refers to a parent, spouse, or child.
PERSONNEL FILES
Personnel files will be maintained in the personnel office for all employees as provided by law. The superintendent and all supervisors are directed to ensure that all appropriate employment-related information is submitted to the file. Every employee will have the right during regular working hours to inspect his or her personnel file, provided three days notice is given to the Human Resources Division. An employee may petition the board to remove any information from his or her personnel file that the employee deems invalid, irrelevant, or outdated. For more detailed information see policy 7820.
PROFESSIONAL CONTRACTS
All licensed employees are eligible for either a renewable, interim or administrative contract. Career contracts were issued to teachers who met appropriate criteria prior to July 1, 2013. These are continuing contracts and do not have to be renewed each year. However, due to changes in state law, no new career contracts are issued by the school system.
For renewable contracts, a new or renewed contract will be for a term of one school year for teachers who have been employed by the board as a teacher for less than three consecutive years. For teachers who have been employed by the board as a teacher for three consecutive years or more, a new or renewed contract will be for a term of four school years, unless the superintendent or board determines that a shorter contract is justified on the basis of one or more of the following criteria:
The teacher has not received a rating of at least “proficient” on all standards on the two most recent annual evaluations preceding the contract offer;
The teacher is currently on a monitored or directed growth plan, mandatory improvement plan, or corrective action plan and/or has been on any such plan at any time during the current or previous school year;
The teacher has received any of the following during the current or previous school year: a demotion, a suspension without pay, or a written reprimand, warning, or other disciplinary action that is documented in the teacher’s official personnel file;
There is other relevant performance or conduct information in the personnel file that would support a decision to disqualify the teacher from a multi-year contract; and/or
Based on the teacher’s overall performance, the principal does not recommend the teacher for a four-year contract.
In no case, however, may a teacher be recommended for a contract with a term longer than one school year unless the teacher has received a rating of at least “proficient” on all standards on the two most recent annual evaluations preceding the contact offer.
Interim contracts are issued to licensed personnel who fill positions that are temporarily vacant or short-term for a specific period of time, not to exceed one school year.
Administrative contracts are issued to superintendents, assistant superintendents, principals, assistant principals, and certain directors and supervisors who are not eligible for career status under the provisions of GS115c-325. These contracts range in length from two to four years according to the provisions of GS115c-287.1.
For more information on teacher contracts, see policy 7410. For administrator contracts, see policy 7425.
ASSIGNMENTS AND TRANSFERS
All assignments and transfers to schools are the responsibility of the superintendent. In-school assignments are the responsibility of the principal. The board must be promptly notified of all transfers authorized by the superintendent.
Voluntary and involuntary transfers will be made in accordance with course requirements, fluctuating enrollments, allotment, efforts to improve student performance, and the general welfare of the school district. The interests and aspirations of employees will be considered in making assignment and transfer decisions; however, such interests must be weighed against what is in the best interest of the school or school district.
An employee may request a transfer by submitting a transfer request form to the Human Resources Division during the announced transfer period. An interview may be scheduled with the appropriate administrator when such a vacancy occurs. Due to classroom/program disruptions, transfer requests will not be considered after the first 10 days of the school year unless approved by the superintendent; however, position upgrades are permitted.
An employee may appeal a transfer decision to the board. The board generally will uphold transfer decisions that are not arbitrary, capricious, political, or discriminatory.
RESIGNATIONS
Employees who intend to resign are encouraged to indicate their plans in writing at as early a date in the school year as possible. For licensed employees, resignations become effective at the end of the school year in which they are submitted or as otherwise indicated in an employment contract. Resignations for any other time require a 30-day notice unless the superintendent consents to a shorter notice period. If the notice requirements are not met by a teacher and the superintendent does not consent to a waiver of notice, the superintendent will make a request to the State Board of Education to revoke the teacher’s license for the remainder of the school year. Administrators are required to give a 60-day notice. The Human Resources Division counts the 30 or 60 days from the date of receipt of the resignation. The superintendent or his/her designee will accept resignations on behalf of the school board. Classified personnel are required to submit at least a 14-day notice. For additional information, see policy 7900.
SUSPENSION AND DISMISSAL
The Superintendent is authorized by the Board of Education to place any classified employee on suspension with or without pay as a disciplinary action and/or to assure the safe and orderly operation of the school system. The same is true for certified employees, but only for suspension with pay.
All actions for dismissal shall be conducted in accordance with state law. Classified employees are considered employees at will. The Superintendent or designee is authorized by the Board to dismiss classified employees. For information on classified employee suspension and dismissal, see policy 7940.
DEMOTION AND DISMISSAL
The Board of Education recognizes that an effective staff is critical to the smooth operation of the school district and to creating a learning environment where students can succeed. When an employee is unable or unwilling to meet performance expectations, the supervisor and superintendent should consider whether dismissal or demotion is appropriate.
Dismissal of professional employees will be in accordance with North Carolina General Statute 115C-325. Evaluators of career or probationary employees should provide the superintendent with documented evidence concerning a person’s inadequacies and lack of competencies when such inadequacies or lack of competencies has led to the recommendation and contemplation of dismissal or demotion. In the interest of students and the welfare of the school district, dismissal or demotion may be pursued regardless of whether the evaluator has met expectations previously described, so long as the legal grounds for seeking dismissal or demotion can be sufficiently demonstrated.
Classified positions are critical to the effective operation of the school district. The Board of Education encourages open communication between classified employees and their supervisors. When performance problems arise, supervisors are encouraged to clearly communicate in oral or written form the nature of the deficiencies and to provide a reasonable opportunity to improve. Any written notice or reprimands will be included in the employee’s central office personnel file. All employees are expected to meet job requirements and to seek clarification and guidance when needed to fulfill these requirements.
Classified employees are at-will employees. All actions to dismiss a classified employee shall be conducted in accordance with the law. The superintendent is authorized to dismiss classified employees and will notify the Board of Education promptly of any decision to dismiss a classified employee. A classified employee who is dismissed shall receive a written statement of the reason for the dismissal. A classified employee who is demoted or dismissed by the superintendent may appeal the superintendent’s decision to the Board within 30 calendar days after receiving notice from the superintendent. For additional information, see policy 7930 and policy 7940.
EXIT INTERVIEWS
When an employee leaves the system, a resignation and an exit interview form should be submitted to the Human Resources Division.
Each employee who is leaving the system may arrange to meet with any administrator, director, or supervisor to discuss the reasons for leaving and to identify any practices or policies, which he/she feels are detrimental to the objectives of the school district. To the extent possible, statements made by employees will be confidential.
REDUCTION IN FORCE
In the unfortunate event that economic trends force the school system to reduce its number of employees, policies are in place that provide an orderly procedure for reduction in employment of licensed, professional employees and non-certified employees in permanent positions. For additional information see policy 7920 (certified) and policy 7921 (classified)
RETIREMENT
Retirement will be in accordance with the Teachers’ and State Employees’ Retirement System of North Carolina. No employee will be required to retire at any age.
In accordance with Board of Education policy 7910 any employee who anticipates retirement will notify the Human Resources Department no less than 90 days prior to his/her intended retirement date, except in cases where health or other extenuating circumstances makes shorter notices necessary. Employees who have questions regarding retirement should use the free consultation services provided by the North Carolina Retirement System. Online information specific to each employee is available 24/7 at www.myncretirement.com by logging into ORBIT.
LICENSED PERSONNEL
Renewal Credits
Licensed personnel must periodically update their North Carolina Professional Educator’s License as mandated by the State Board of Education Policy. Renewal credit earned through professional activities is required to assure that professional personnel updates their professional knowledge and technical skills.
Continuing licenses must be renewed every five (5) years. Specific renewal requirements may be accessed here.
Renewal credits must be directly related to the licensure area(s) and/or professional responsibilities and align with state, district, and school priorities. They may be earned through the following:
Workshops, conferences, and activities that are not sponsored by the district: The Piedmont Triad Consortium and other outside agencies and organizations offer many opportunities for renewal credit.
College or University Courses: Courses directly related to the licensure area can be taken at any accredited college or university, including technical or community colleges. One semester hour of credit is the equivalent of 1.5 renewal credits. An official transcript is required.
Local Staff Development: Workshops and in-service activities are offered regularly by the school district. These activities generally offer approved renewal credit.
For more information about the current district professional development offerings and other resources, please visit the Academic Services & Instructional Support professional development website. Additional information on renewal requirements can be found on the school system website.
Each licensed employee must track his/her own renewal credits and submit all renewal credits to the Academic Services & Instructional Support office for processing. The Assistant Superintendent for Academic Services & Instructional Support approves staff development courses, workshops, college courses, etc. for CEU credit. Each employee should also keep a personal file of all earned credits.
To review CEU credits electronically, you may view them on the school system’s licensure page. Click on Check CEUs, enter your social security number, and click Lookup. License and CEU information appears. You will be provided with a list of total CEUs, as well as a Class History List. This report can be printed.
Induction and Success Program for Beginning Teachers: New Directions
New Directions, our state exemplar induction and support program for beginning teachers, focuses on building the capacity of new classroom educators to promote high achievement among students. It provides a comprehensive program of support for all beginning teachers on the idea that learning to teach is a continuous cycle of planning, teaching, and reflecting. Each school maintains a schedule of activities and support programming for new teachers with an additional layer of district support activities provided each year. The Beginning Teacher Program is a three (3) year program designed to enhance and support the professional growth of teachers during their initial years of teaching. Student services personnel (media specialists, counselors, speech pathologists, administrators, and curriculum instructional specialists) are issued continuing licenses and do not participate in the Beginning Teacher Program.
This program provides support through:
a mentor
a site-based coordinator
beginning teacher coaching program
periodic assessment of skills
a yearly evaluation of performance
an annual Professional Development Plan (PDP)
After three (3) years of successful teaching on a clear license, initially licensed teachers are eligible for a continuing license. These three (3) years must be served within a five (5) year period from the date of enrollment in the program, and all three (3) years must be in the same licensure area. Part-time teachers who are employed less than 50% of the time are not eligible to participate in the program.
After completing the Initial Licensure Program, beginning teachers must be rated “Proficient” on all five (5) North Carolina professional teaching standards on the most recent Teacher Summary Rating Form in order to be eligible for the Standard Professional 2 License.
See COMPENSATION section for information about mentor teacher pay.
Nonrenewal of Teacher Contracts
The Board may refuse to renew the contract of any non-career status teacher for any cause it deems sufficient, so long as the cause is not arbitrary, capricious, discriminatory, prohibited by state or federal law, or for personal or political reasons.
If the superintendent decides to recommend nonrenewal of a non-career status teacher, the superintendent shall provide written notice of the recommendation no later than June 1. The teacher may, within 10 days of receipt of the superintendent's recommendation, request written notice of the reasons for the superintendent's recommendation for nonrenewal and the information that the superintendent may share with the board to support the recommendation for nonrenewal. If a teacher files a timely request, the superintendent shall provide the requested information, and the teacher will be permitted to submit supplemental information to the superintendent and board prior to the board's decision.
A non-career status teacher has the right to petition the board for a hearing no later than 10 days after receiving notice of the superintendent's recommendation for nonrenewal. If the teacher requests a hearing, the board chair and vice-chair will confer and determine whether such a hearing will be granted. If the chair and vice-chair cannot agree, a hearing will be granted. The board will notify the teacher of its decision whether to grant a hearing.
In considering a recommendation of the superintendent to offer a teacher a new, renewed, or extended contract, the board may review any information that was in the teacher's personnel file at the time of the superintendent's recommendation. If the board determines that it needs additional information to reach a decision, it will notify the teacher of the board's concerns and of the additional information that it is considering and provide an opportunity for the teacher to respond to the additional information.
The board will notify the non-career status teacher whose contract will not be renewed for the next school year of its decision by June 15. If, however, a teacher is granted a hearing, the board will provide the nonrenewal notification within 10 days of the hearing or such later date upon the written consent of the superintendent and teacher. Reference Policy 7950
Extracurricular Activities
Beginning teachers (1-3 years) and teachers with 27 or more years of experience are not to be assigned extracurricular activities unless they request the assignments in writing.
CLASSIFIED PERSONNEL
All employees in classified positions are considered "at-will" employees and serve at the pleasure of the Board of Education. At-will employees are not required to be employed under contracts or offered contracts by the board. They are not entitled to due process if they are dismissed or otherwise adversely affected in their employment. However, at-will employees are entitled to pursue due process provided under Policy 1750/7220--Grievance Procedure for Employees. Classified employees must meet the employment criteria that are specific to their positions.
Dual Job Roles
Any person hired after May 3,1999 in the position of teacher assistant, custodian, or school nutrition assistant may be required to drive a school bus. These employees will be required to secure a commercial driver's license (CDL) and be prepared to drive a school bus when needed. Principals who elect to assign bus duties to exceptional children assistants and Pre-K assistants must ensure that the required student-to-instructional staff ratios are maintained and that all other special education and/or Pre-K programmatic requirements are met. Staff members who are age 65 or over may opt out of driving a school bus at their discretion, upon thirty (30) days written notice to their principal or immediate supervisor. Reference Policy 7460
Instructional Assistants
As stated above, all Instructional Assistants may also be required to drive a bus. For the position of Instructional Assistant, the “Highly Qualified” standard must be met to be considered for a position as an Instructional Assistant in all schools that are designated as Title I. For schools that are not Title I, the “highly qualified” standard is not required at the time of initial employment but must be met within two years. For Licensed PreK classes IAs must be highly qualified with a minimum of an Associate Degree in early childhood or child development or hold a CDA (Child Development Associate® (CDA) CredentialTM).
“Highly Qualified” candidates meet at least one of the requirements below:
two-year or four-year degree from an accredited college/university (provide copy of official transcripts confirming degree, or an international education evaluation if the four-year degree is from another country) OR
48 semester credits from an accredited college/university: If earning quarter credits, determine the semester value by multiplying the number of credits by .67 (provide copy of official transcripts confirming credits) OR
passing WorkKeys assessment scores AND 2 college courses or 96 documented continuing education hours. The WorkKeys scores should include Workplace Documents (Reading), Business Writing and Applied Mathematics. Passing scores are 4 in Reading and Math, and 3 in Business Writing. All this information must be confirmed by official documentation from the agency from which the hours were earned and administered the assessments, such as a local community college, OR
If highly qualified standards were met in another state, an official letter from the public school Human Resources office is needed stating the candidate met the “highly qualified standards”. Candidates must submit this information to the Chatham County Schools Licensure staff to review if North Carolina Highly Qualified standards are met.
RESTART SCHOOLS: Schools designated as “Restart” (Siler City, Virginia Cross, and Chatham Middle) have staffing flexibility to hire IAs who do not meet the “highly qualified” standard at the time of initial employment if the IA position is not Title I funded. These IAs must meet the “highly qualified” standard within two years.