"[O]ur Supreme Court has ... held that the standards for judicial review set forth in N.C. Gen. Stat. § 150A-51 (now section 150B-51 ) apply to appeals from school boards." (citation omitted)
How later courts described this case
- "[O]ur Supreme Court has ... held that the standards for judicial review set forth in N.C. Gen. Stat. § 150A-51 (now section 150B-51 ) apply to appeals from school boards." (citation omitted)
Written by the judges who cited it.
The opinion
Judge Greene
dissenting.
I concur with the majority’s opinion except for its holding that a violation of N.C.G.S. § 115C-325(fl) does not bar the subsequent initiation of dismissal proceedings against a career teacher. Because N.C.G.S. § 115C-325(fl) was violated, I would reverse the dismissal of Jefferson L. Evers (teacher). I therefore dissent.
The statute provides a summary method by which a superintendent of a school system may suspend a career teacher with pay:
If a superintendent believes that cause may exist for dismissing or demoting a probationary or career teacher for any reasons *27 specified in G.S. 115C-325(e)(l)b through 115C-325(e)(l)j, but that additional investigation of the facts is necessary and circumstances are such that the teacher should be removed immediately from his duties, the superintendent may suspend the teacher with pay for a reasonable period of time, riot to exceed 90 days. The superintendent shall immediately notify the board of education of his action. If the superintendent has not initiated dismissal or demotion proceedings against the teacher within the 90-day period, the teacher shall be reinstated to his duties immediately and all records of the suspension with pay shall be removed from the teacher’s personnel file at his request.
N.C.G.S. § 115C-325(fl) (1987). Superintendent Davis invoked this section of the statute and suspended teacher with pay on 25 April 1989. On 24 July 1989, 90 days had elapsed without Superintendent Davis having initiated dismissal proceedings. At that time, teacher requested in writing that he be reinstated and that all records of his suspension be removed from his file. Despite this request, teacher was left on suspension and his file was not expunged. Dismissal proceedings were not initiated against teacher until 10 August 1989, 107 days after the suspension began. The statute explicitly authorizes the suspension to last “a reasonable period of time, not to exceed 90 days.” Teacher’s suspension lasted well beyond the prescribed period, despite his active attempt to be reinstated. I agree with the majority’s conclusion that Superintendent Davis violated N.C.G.S. § 115C-325(fl) by not reinstating teacher at the end of 90 days.
I disagree, however, that this procedural violation does not warrant reversing teacher’s dismissal. Our standard of review for the dismissal of a career teacher is governed by N.C.G.S. § 150B-51 of the Administrative Procedure Act. See Overton v. Goldsboro City Bd. of Educ., 304 N.C. 312, 316 , 283 S.E.2d 495, 498 (1981) (holding that standard of review of school board decisions is N.C.G.S. § 150A-51, now § 150B-51). In reviewing the final decision of the school board, this Court may “reverse or modify the agency’s decision if the substantial rights of the [individual] may have been prejudiced because the agency’s findings, inferences, conclusions, or decisions are . . . [m]ade upon unlawful procedure . . . .” N.C.G.S. § 150B-51(b)(3) (1987). Teacher’s status as a career teacher is a “substantial right.” See N.C.G.S. § 115C-325(d)(l) (1987) (career teacher not subject to annual appointment and has protections of other *28 parts of statute); Crump v. Board of Educ., 326 N.C. 603, 613-14 , 392 S.E.2d 579, 584 (1990) (career teacher has a cognizable property interest in continued employment); Thompson v. Wake County Bd. of Educ., 31 N.C. App. 401, 407 , 230 S.E.2d 164, 168 (1976), rev’d on other grounds, 292 N.C. 406 , 233 S.E.2d 538 (1977) (career teacher status carries with it various rights and privileges). Teacher’s substantial rights may not be taken away after the school board has violated statutory procedures in the course of teacher’s dismissal proceedings. See Rose v. Currituck County Bd. of Educ., 83 N.C. App. 408, 412 , 350 S.E.2d 376, 379 (1986) (board cannot dismiss career teacher without affording teacher statutorily mandated procedures of notice and hearing); Thompson at 407 , 230 S.E.2d at 168 (“career teacher may not be dismissed or demoted except upon specified grounds and in accordance with the statutory procedures provided”). Here, teacher’s rights as a career teacher have been affected as a result of procedure which was unlawful.
A school superintendent is free to investigate any career teacher and initiate dismissal or demotion proceedings for conduct occurring up to three years in the past. N.C.G.S. § 115C-325(e)(4) (1983). However, when a teacher is not only investigated, but put on suspension, the superintendent’s actions have immediate consequences upon the teacher’s career, daily life, and reputation in the community. When a superintendent places a career teacher in this position, it is incumbent on the superintendent to move quickly toward the initiation of formal proceedings. The need to expedite the process in this situation is reflected in the 90-day limitation on a suspension with pay imposed by the General Assembly. This 90-day limit protects teachers from the deleterious consequences of a long-term suspension. When a superintendent takes this action, he or she must be prepared to initiate proceedings within 90 days or reinstate the teacher as required. Where a teacher is suspended under N.C.G.S. § 115C-325(fl) and the superintendent fails to initiate dismissal or demotion proceedings within 90 days and fails to reinstate the teacher by the end of the 90-day period, the superintendent is barred from initiating proceedings in the future.
Superintendent Davis failed to initiate formal proceedings within 90 days and refused to reinstate teacher as N.C.G.S. § 115C-325(fl) requires. While formal proceedings were eventually initiated against teacher, there was nothing, if the position of the majority is accepted, to prevent Superintendent Davis from keeping teacher on suspension for up to three years prior to initiation of proceedings. *29 N.C.G.S. § 115C-325(e)(4). The statute, N.C.G.S. § 115C-325(fl), does not allow such a suspension.
North Carolina Gen. Stat. § 115C-325 imposes procedural deadlines on both teacher and defendants. Defendants cannot selectively disregard part of the statute, while at the same time invoking other parts of it to effect teacher’s dismissal. Superintendent Davis’ failure to reinstate teacher after failing to proceed within 90 days bars any further disciplinary action in this matter. The trial court’s order affirming the decision of the Pender County Board of Education, dismissing teacher, should therefore be reversed.