(a)        Length of Contract. – A contract between the local board of education and a teacher who has been employed by the local board of education for less than three years shall be for a term of one school year. A new contract or renewal of contract between the local board of education and a teacher who has been employed by the local board of education as a teacher for three years or more shall be for a term of one, two, or four school years. A local board of education may require by policy that the three years of employment be consecutive.

(a1)      Determination of Years of Employment. –

(1)        For purposes of determining whether a teacher has been employed for three years by a local board of education under this section, a year shall not be less than 120 workdays performed as a teacher in a full-time permanent position.

(2)        If a local board of education requires by policy that the three years of employment be consecutive, the local board policy shall state that if the teacher in a full-time permanent position did not work for at least 120 workdays as a teacher in a year because the teacher was on approved or legally entitled leave, that year shall not (i) be deemed to constitute a year of employment for the teacher nor (ii) be considered a break in the continuity of consecutive years of employment for the teacher. A suspension shall not constitute approved or legally entitled leave for the purposes of this section. Teachers may have additional rights to the extent required by the federal Uniformed Services Employment and Reemployment Rights Act, 34 U.S.C. § 4301, et seq.

(b)        Superintendent Recommendation to Local Board. – Local boards of education shall employ teachers upon the recommendation of the superintendent. If a superintendent intends to recommend to the local board of education that a teacher be offered a new or renewed contract, the superintendent shall submit the recommendation to the local board for action and shall include in the recommendation the length of the term of contract. A superintendent shall only recommend a teacher for a contract of a term longer than one school year if the teacher has shown effectiveness as demonstrated by proficiency on the evaluation instrument. The local board may approve the superintendent’s recommendation, may decide not to offer the teacher a new or renewed contract, or may decide to offer the teacher a renewed contract for a different term than recommended by the superintendent.

(c)        Dismissal During Term of Contract. – A teacher shall not be dismissed or demoted during the term of the contract except for the grounds and by the procedure set forth in N.C. Gen. Stat. § 115C-325.4

(d)       Recommendation on Nonrenewal. – If a superintendent decides not to recommend that the local board of education offer a renewed contract to a teacher, the superintendent shall give the teacher written notice of the decision no later than June 1.

(e)        Right to Petition for Hearing. – A teacher shall have the right to petition the local board of education for a hearing no later than 10 days after receiving written notice. The local board may, in its discretion, grant a hearing regarding the superintendent’s recommendation for nonrenewal. The local board of education shall notify the teacher making the petition of its decision whether to grant a hearing. If the request for a hearing is granted, the local board shall conduct a hearing pursuant to the provisions of N.C. Gen. Stat. § 115C-45(c) and make a final decision on whether to offer the teacher a renewed contract. The board shall notify a teacher whose contract will not be renewed for the next school year of its decision by June 15; provided, however, if a teacher submits a request for a hearing, the board shall provide the nonrenewal notification within 10 days of the hearing or such later date upon the written consent of the superintendent and teacher. A decision not to offer a teacher a renewed contract shall not be arbitrary, capricious, discriminatory, for personal or political reasons, or on any basis prohibited by State or federal law.

(f)        Failure to Offer Contract or Notify on Nonrenewal of Contract. – If a teacher fails to receive a contract offer but does not receive written notification from the superintendent of a recommendation of nonrenewal, and the teacher continues to teach in the local school administrative unit without entering into a contract with the local board, upon discovery of the absence of contract, the board by majority vote shall do one of the following:

(1)        Offer the teacher a one-year contract expiring no later than June 30 of the current school year.

(2)        Dismiss the teacher and provide the teacher with the equivalent of one additional month‘s pay. A teacher dismissed as provided in this section shall be considered an at-will employee and shall not be entitled to a hearing or appeal of the dismissal.

(g)        Local boards of education and teachers employed by the local board may mutually modify the terms of the contract to permit part-time employment. An individual that mutually modifies a full-time contract to permit part-time employment or enters into a part-time contract is not a teacher as defined in N.C. Gen. Stat. § 115C-325.1(6). ?(2013-360, s. 9.6(b); 2019-82, s. 1(a).)