State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-271


Article 18.


§ 115C‑271.  Selectionby local board of education, term of office.

(a)        It is the policy ofthe State that each local board of education has the sole discretion to elect asuperintendent of schools. However, the State Board shall adopt rules thatestablish the qualifications for election. At a minimum, each superintendentshall have been a principal in a North Carolina public school or shall haveother leadership, management, and administrative experience. In addition, theState Board shall adopt rules that include minimum credentials, educationalprerequisites, and relevant experience requirements that would qualify a personto serve as a superintendent without having direct experience or certificationas an educator. It is the duty of each local board to elect a superintendentwho is qualified. If a local board elects a superintendent who is not qualifiedor who cannot qualify under this section, then the election and contract arenull and void, and the board shall elect a person who is qualified.

(b)        Each local board ofeducation shall elect a superintendent under a written contract of employmentfor a term of no more than four years, ending on June 30 of the final months ofthe contract. Contracts of employment for a period of less than one year shallbe governed and limited by G.S. 115C‑275. Each local board shall file acopy of the contract with the State Board of Education before the individual iseligible for this office.

(c)        At any time afterthe first 12 months of the contract, a local board may, with the writtenconsent of the current superintendent, extend or renew the term of thesuperintendent's contract for a term of no more than four years from the dateof the extension. If new board members have been elected or appointed and areto be sworn in, a board shall not act to extend or renew the currentsuperintendent's contract until after the new members have been sworn in.

(d)        A local board mayterminate the superintendent's contract before the contract term of employmenthas expired so long as all the following conditions are met:

(1)        No State funds areused for this purpose.

(2)        Local fundsappropriated for teachers, textbooks, or classroom materials, supplies, andequipment are not transferred or used for this purpose.

(3)        The local boardmakes public the funds that are to be transferred or used for this purpose.

(4)        The local boardnotifies the State Board of the funds that are to be transferred or used forthis purpose.

(5)        No funds acquired throughdonation or fund‑raising are used for this purpose, except for fundsraised specifically for this purpose or for funds donated by private for‑profitcorporations.

Immediately upon receipt ofthe notification from a local board under this subsection, the State Boardshall review the accounts of that local school administrative unit. If theState Board finds that the local board failed to meet all the conditions setout in this subsection, the State Board shall issue a warning to the localboard as provided in G.S. 115C‑451 and, in addition to any other actionsthe State Board may take under G.S. 115C‑451, shall order the local boardto take action to comply with this subsection. (1981, c. 423, s. 1; 1983, c. 478; 1983 (Reg. Sess.,1984), c. 1103, s. 3; 1987, c. 389; 1989, c. 339; 1991, c. 238, s. 1; 1997‑443,s. 8.7; 2001‑174, s. 1.)