(A) Award of scholarship is an offer to contract. The award of a scholarship by the Committee is an offer by Davidson County to enter into a contract with a recipient for such recipient to obtain the benefits of this scholarship. A recipient who has been awarded a scholarship shall not obtain the benefit of the scholarship unless such recipient and responsible adult of such recipient, if required to sign the application, accepts the offer and enters into a contract with Davidson County as provided in § 97.11(B). Davidson County may revoke an offer upon information or evidence that an applicant is not eligible or has willfully or knowingly falsified information or concealed information or has otherwise presented inaccurate information which must be disclosed pursuant to this chapter.
(B) Acceptance of offer by recipient. Each applicant awarded a scholarship shall receive a contract setting forth the rights and obligations of the recipient as provided in this section. Such contract shall be signed by the recipient and responsible adult agreeing to the contract and returned to the Committee by no later than 30 days after the date such contract is received by the recipient, as shown by the date that is written on the return receipt card for certified mail. If the recipient is under the age of 18 years at the time the contract is offered, the contract shall be signed by the responsible adult of the recipient. Any recipient who does not return or who does not postmark delivery to the Committee within the time limit set forth herein a contract which is signed in accordance with this subsection shall be deemed to have rejected the offer by Davidson County and to have forfeited any right or interest in this scholarship.
(C) Graduation and certification required. A recipient of a scholarship shall graduate from a post-secondary institution and shall be qualified to obtain a North Carolina teacher’s certification immediately following scheduled completion of the recipient’s senior year at the post-secondary institution, unless the student is enrolled in an approved Dual Bachelor’s-Master’s of Arts in Teaching Program, in which case the student shall be qualified to obtain a North Carolina teacher’s certification immediately following scheduled completion of the Dual Program.
(D) Employment required. A recipient must in good faith apply for and accept an offer of employment in a teaching position from either the Davidson County Schools, Lexington City Schools, Thomasville City Schools or a private school [as set out in § 97.04(N) hereinabove] located in Davidson County by no later than six months following the date on which the recipient receives a North Carolina teacher’s certification. A recipient must hold a teaching position in the Davidson County Schools, Lexington City Schools, Thomasville City Schools or private school located in Davidson County for a minimum of three academic years immediately following the date of hire of such recipient. Nothing in this chapter shall require a recipient to maintain employment in the same teaching position for the three year period provided in this subsection or prevent a recipient from obtaining a teaching position in another public school or private school in Davidson County. Only the appropriate school system has the authority to hire any person; therefore, this chapter is not intended and shall not be construed to excuse any recipient from the obligations, policies or requirements of the school or school system which employs the recipient. Nothing in this chapter shall require any school or school system to offer a teaching position to a recipient or to continue an employment relationship with a recipient for any period of time. Neither Davidson County nor any officer agent or employee thereof nor any member or alternate of the Committee warrant or make any promise affirmation assurance or guarantee that a recipient shall obtain or be offered employment with any school system.
(E) Notification required. It shall be the obligation of the recipient to notify the Clerk to the Board of Commissioners of his/her employment status as set out in § 97.11(D) no later than six months following the date on which the recipient receives a North Carolina teacher’s certification. Further, it shall be the responsibility of the recipient to notify the Clerk to the Board should he/she withdraw from school, be expelled from school or is, for whatever reason, unable to obtain a North Carolina teacher’s certification immediately following scheduled completion of the recipient’s senior year at the post-secondary institution.
(F) Extension of time for good cause shown. For good cause shown, a recipient who does not obtain or accept an offer of employment by the deadline stated in § 97.11(D) may apply for one extension of time of no greater than one year from the date of the current deadline to obtain and accept an offer of employment. Such application shall be filed in the Office of the County Manager by no later than the date of the current deadline. Upon filing a timely application, the recipient shall be entitled to a public hearing before the Board of Commissioners. The recipient shall be entitled to present evidence and witnesses to support a showing that the failure to obtain a teaching position as required by this chapter is for good cause. The burden of showing good cause shall be on the recipient. The Board of Commissioners may grant an extension upon an affirmative finding based upon substantial, material and competent evidence that (1) the recipient has attempted diligently to obtain and accept an offer of employment as required by § 97.11(D); and (2) the inability to obtain such employment is substantially related to the unavailability of teaching positions for which the recipient reasonably possesses the minimum qualifications. Good cause shall not be based upon the recipient’s desire to obtain a higher level of compensation or the desire to teach at a particular school or location. During the pendency of an application filed pursuant to this subsection, a recipient may continue to seek and obtain employment with a public or private school in Davidson County. If a recipient is offered and accepts such teaching position, the recipient shall be deemed to have complied with § 97.11(D) even if such offer is made and accepted after the deadline for obtaining employment set forth in § 97.11(B). It is the intent of this chapter that the timely filing of an application to extend the time limit set forth in § 97.11(D) shall toll the expiration of such time.
(G) Breach and rescission of contract. A contract shall be rescinded by Davidson County if the recipient (1) fails to graduate by no later than August 30th immediately following the completion of the senior year at the post-secondary institution; or (2) fails to become qualified to obtain a North Carolina teacher’s certification by no later than August 30th immediately following the recipient’s senior year; or (3) does not in good faith seek employment as required in § 97.11(D) and does not obtain an extension as provided in § 97.11(E); or (4) if an extension is granted, does not in good faith seek employment by no later than the extended deadline; or (5) has obtained an award as the result of an intentional or knowing misstatement or response on the application; or (6) does not meet the eligibility requirements; or (7) uses any portion of the scholarship funds for purposes not authorized by § 97.05, or (8) has been convicted of or pled nolo contendre to a felony, misdemeanor, or an offense involving a crime of moral turpitude that is detrimental to or impacts the recipient’s service as a teacher in a school system in Davidson County. Each of the breaches which are listed in this subsection shall constitute a substantial and material breach of the contract. The failures as listed herein shall entitle the County to seek those remedies as provided in § 97.12.
(H) Right to appeal. Prior to the rescission of a contract by Davidson County, the recipient shall receive a “Notice of Intent to Rescind Contract,” addressed by certified mail to the recipient. The recipient shall be entitled to a public hearing before the Board of Commissioners to contest such rescission. Such hearing shall be requested in writing by no later than 30 days following the date of receipt of the notice. At the hearing, the recipient shall be entitled to present evidence, crossexamine witnesses and be represented at the hearing by an attorney provided at the sole expense of the recipient. The Board of Commissioners shall rescind a contract only upon proof by a preponderance of the evidence to the satisfaction of a majority of the members present and voting at a public hearing that the recipient has breached the contract or comes within the grounds for rescission. If the recipient contests the rescission of the contract based upon an affirmative defense, the recipient shall have the burden of proving such defense by a preponderance of the evidence to the satisfaction of a majority of the members present and voting at the public hearing.
(Ord. passed 3-9-04; Ord. passed 8-25-15; Ord. passed 1-10-17)