2019 North Carolina General Statutes
Chapter 115C - Elementary and Secondary Education
Article 22 - General Regulations.
§ 115C-325.8 - (See Editor's note for applicability) Right of appeal.
115C-325.8. (See Editor's note for applicability) Right of appeal.
(a) A teacher who (i) has been dismissed, demoted, or reduced to employment on a part-time basis for disciplinary reasons during the term of the contract as provided in G.S. 115C-325.4, or has received a disciplinary suspension without pay as provided in G.S. 115C-325.5, and (ii) requested and participated in a hearing before the local board of education, shall have a further right of appeal from the final decision of the local board of education to the superior court of the State on one or more of the following grounds that the decision:
(1) Is in violation of constitutional provisions.
(2) Is in excess of the statutory authority or jurisdiction of the board.
(3) Was made upon unlawful procedure.
(4) Is affected by other error of law.
(5) Is unsupported by substantial evidence in view of the entire record as submitted.
(6) Is arbitrary or capricious.
(b) An appeal pursuant to this section must be filed within 30 days of notification of the final decision of the local board of education and shall be decided on the administrative record. The superior court shall have authority to affirm or reverse the local board's decision or remand the matter to the local board of education. The superior court shall not have authority to award monetary damages or to direct the local board of education to enter into an employment contract of more than one year, ending June 30.
(2013-360, s. 9.6(b).)
