NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 643

HOUSE BILL 557

 

 

AN ACT TO AMEND CHAPTER 115 OF THE GENERAL STATUTES(REPLACEMENT 1966) TO PROVIDE FOR THE CONSOLIDATION AND MERGER OF CITY SCHOOL ADMINISTRATIVE UNITS AND COUNTY SCHOOL ADMINISTRATIVE UNITS TO THE END THAT ALL THE PUBLIC SCHOOLS IN THE MERGED UNIT MAY BE GOVERNED AND ADMINISTERED BY ONE BOARD OF EDUCATION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 115-11(11) is hereby rewritten to read as follows:

"(11)    Power to Alter the Boundaries of City School Administrative Units and to Approve Agreements for the Consolidation and Merger of School Administrative Units Located in the Same County. The Board shall have authority, in its discretion, to alter the boundaries of city school administrative units and to approve agreements submitted by county and city boards of education requesting the merger of two or more contiguous city school administrative units and the merger of city school administrative units with county school administrative units and the consolidation of all the public schools in the respective units under the administration of one board of education: Provided, that such merger of units and reorganization of school units shall not have the effect of abolishing any special taxes that may have been voted in any such units."

Sec. 2.  G.S. 115-74 is hereby amended by placing a colon after the word "districts" at the end of the first paragraph of said Section and adding thereto the following: "Provided further, that nothing in this Section shall affect the right of any city school administrative unit or special tax district which now exists for the purpose of retiring debt service, to have the indebtedness of such district taken over by the county as provided by law, and nothing herein shall be construed to restrict the county board of education or the board of county commissioners in causing such indebtedness to be assumed by the county as provided by law", and deleting the second paragraph of said Section.

Sec. 3. Article 8 of Chapter 115 of the General Statutes (Replacement 1966) is hereby amended by changing the title of said Article to read "Creating and Consolidating School Districts and School Administrative Units" and by inserting at the end of Section 74 a new Section which shall be designated as "115-74.1" and which new Section shall read as follows:

"Sec. 115-74.1.  Consolidation and Merger of County and City School Administrative Units Located in the Same County. City school administrative units may be consolidated and merged with contiguous city school administrative units and with county school administrative units upon approval by the State Board of Education of a plan for consolidation and merger submitted by the boards of education involved and bearing the approval of the board of county commissioners.

"County and city boards of education desiring to consolidate and merge their school administrative units may do so by entering into a written plan which shall set forth the conditions of merger. The provisions of the plan shall be consistent with the General Statutes and shall contain, but not be limited to, the following:

(a)        the name by which the merged school administrative unit shall be identified and known

(b)        the effective date of the merger

(c)        the establishment and maintenance of a board of education which shall administer all the public schools of the newly created unit, including

(1)        the termination of any terms of office proposed in the reorganization of the board

(2)        the method of constituting and continuing the board of education, the length of the members' terms of office, the dates of induction into office, the organization of the board, the procedure for filling vacancies, and the compensation to be paid members of the board for expenses incurred in performance of their duties

(d)        the authority, powers, and duties of the board of education with respect to the employment of personnel, the preparation of budgets, and any other related matters which may be particularly applicable to the merged unit not inconsistent with the General Statutes

(e)        the transfer of all facilities, properties, structures, funds, contracts, deeds, titles, and other obligations, assets and liabilities to the board of education of the merged unit

(f)         the continuation of any supplemental school tax which may be in effect in either or all administrative units involved

(g)        a public hearing, which shall have been announced at least ten days prior to the hearing, on the proposed plan of merger

(h)        a statement as to whether the question of merger, in accordance with the projected plan, is to be contingent upon approval of the voters in the affected area

(i)         any other condition or prerequisite to merger, together with any other appropriate subject or function that may be necessary for the orderly consolidation and merger of the school administrative units involved.

"The plan referred to above shall be mutually agreed upon by the city and county boards of education involved and shall be accompanied by a certification that the plan was approved by the board of education on a given day and that the action has been duly recorded in the minutes of said board, together with a certification to the effect that the public hearing required above was announced and held. The plan, together with the required certifications, shall then be submitted to the board of county commissioners for its concurrence and approval. After such approval has been received the plan shall be submitted to the State Board of Education for the approval of said State Board and the plan shall not become effective until such approval is granted. Upon approval by the State Board of Education the plan of consolidation and merger shall become final and shall be deemed to have been made by authority of law and shall not be changed or amended except by an act of the General Assembly. The written plan of agreement shall be placed in the custody of the board of education operating and administering the public schools m the merged unit and a copy filed with the Secretary of State.

"The plan may be, but it is not required that it be submitted for the approval of the voters of the geographic area affected in a referendum or election called for such purpose, and such elections or referendums if held shall be held under the provisions governing elections or referendums as set forth in G.S. 115-122, with authority of the board of county commissioners to have such election or referendum conducted by the board of elections of the county."

Sec. 4.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 5.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 31st day of May, 1967.