North Carolina General Statutes 115C-325.9. Teacher resignation
(a) Teacher Resignation Following Recommendation for Dismissal. – If a teacher has been recommended for dismissal under N.C. Gen. Stat. § 115C-325.4 and the teacher chooses to resign without the written agreement of the superintendent, then:
(1) The superintendent shall report the matter to the State Board of Education.
Terms Used In North Carolina General Statutes 115C-325.9
- Contract: A legal written agreement that becomes binding when signed.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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
- Superintendent: means the superintendent of schools of a public school system or, in his absence, the person designated to fulfill his functions. See North Carolina General Statutes 115C-5
(2) The teacher shall be deemed to have consented to (i) the placement in the teacher’s personnel file of the written notice of the superintendent’s intention to recommend dismissal and (ii) the release of the fact that the superintendent has reported this teacher to the State Board of Education to prospective employers, upon request. The provisions of N.C. Gen. Stat. § 115C-321 shall not apply to the release of this particular information.
(3) The teacher shall be deemed to have voluntarily surrendered his or her license pending an investigation by the State Board of Education in a determination whether or not to seek action against the teacher’s license. This license surrender shall not exceed 45 days from the date of resignation. Provided further that the cessation of the license surrender shall not prevent the State Board of Education from taking any further action it deems appropriate. The State Board of Education shall initiate investigation within five working days of the written notice from the superintendent and shall make a final decision as to whether to revoke or suspend the teacher’s license within 45 days from the date of resignation.
(b) Thirty Days’ Notice Resignation Requirement. – A teacher who is not recommended for dismissal should not resign during the term of the contract without the consent of the superintendent unless he or she has given at least 30 days’ notice. If a teacher who is not recommended for dismissal does resign during the term of the contract without giving at least 30 days’ notice, the board may request that the State Board of Education revoke the teacher’s license for the remainder of that school year. A copy of the request shall be placed in the teacher’s personnel file. If a teacher’s criminal history is relevant to the teacher’s resignation, regardless of whether the teacher has given at least 30 days’ notice, the board shall report to the State Board of Education the reason for an employee’s resignation. (2013-360, s. 9.6(b); 2017-189, s. 4(f).)