Except as otherwise provided in N.C. Gen. Stat. § 115C-325, as used in this Part, the following definitions apply:

(1)        “Day” means calendar day. In computing any period of time, Rule 6 of the North Carolina Rules of Civil Procedure shall apply.

(2)        “Demote” means to reduce the salary of a person who is classified or paid by the State Board of Education as a classroom teacher or as a school administrator during the time of the contract. The word “demote” does not include the following:

a.         A suspension without pay pursuant to N.C. Gen. Stat. § 115C-325.5(a).

b.         The elimination or reduction of bonus payments, including merit-based supplements or a systemwide modification in the amount of any applicable local supplement.

c.         Any reduction in salary that results from the elimination of a special duty, such as the duty of an athletic coach or a choral director.

d.         Any reduction of pay as compared to a prior term of contract.

e.         Any reduction in a principal’s salary resulting from a reduction in State funds due to (i) school growth scores, as provided in the Principal Salary Schedule, or (ii) a decline in the average daily membership of the principal’s school.

(3)        “Disciplinary suspension” means a final decision to suspend a teacher or school administrator without pay for no more than 60 days under N.C. Gen. Stat. § 115C-325.5(b).

(4)        “Residential school” means a school operated by the Department of Health and Human Services that provides residential services to students pursuant to Part 3A of Article 3 of Chapter 143B of the N.C. Gen. Stat. or a school operated pursuant to Article 9C of Chapter 115C of the N.C. Gen. Stat..

(5)        “School administrator” means a principal, assistant principal, supervisor, or director whose major function includes the direct or indirect supervision of teaching or any other part of the instructional program, as provided in N.C. Gen. Stat. § 115C-287.1(a)(3).

(6)        “Teacher” means a person meeting each of the following requirements:

a.         Who holds a current professional educator’s license.

b.         Whose major responsibility is to teach or directly supervise teaching or who is classified by the State Board of Education or is paid either as a classroom teacher or instructional support personnel.

c.         Who is employed to fill a full-time, permanent position.

(7)        “Year” means a calendar year beginning July 1 and ending June 30. ?(2013-360, s. 9.6(b); 2017-157, s. 2(h); 2017-189, s. 6(c); 2018-5, s. 8.2(f).)

Terms Used In North Carolina General Statutes 115C-325.1

  • board: means a city board of education, county board of education, or a city-county board of education. See North Carolina General Statutes 115C-5
  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Supervisor: means a person paid on the supervisor salary schedule who supervises the instructional program in one or more schools and is under the immediate supervision of the superintendent or his designee. See North Carolina General Statutes 115C-5