State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-45

§ 115C‑45.  Judicial functions of board.

(a)        Power to Subpoena and to Punish for Contempt. – Local boardsof education shall have power to issue subpoenas for the attendance ofwitnesses. Subpoenas may be issued in any and all matters which may lawfully comewithin the powers of the board and which, in the discretion of the board,require investigation; and it shall be the duty of the sheriff or any processserving officer to serve such subpoena upon payment of their lawful fees.

Local boards of education shall have power to punish for contempt forany disorderly conduct or disturbance tending to disrupt them in thetransaction of official business.

(b)        Witness Failing to Appear; Misdemeanor. – Any witness whoshall wilfully and without legal excuse fail to appear before a local board ofeducation to testify in any manner under investigation by the board shall beguilty of a Class 3 misdemeanor.

(c)        Appeals to Board of Education and to Superior Court. – Anappeal shall lie to the local board of education from any final administrativedecision in the following matters:

(1)        The discipline of a student under G.S. 115C‑391(c),(d), (d1), (d2), (d3), or (d4);

(2)        An alleged violation of a specified federal law, State law,State Board of Education policy, State rule, or local board policy, includingpolicies regarding grade retention of students;

(3)        The terms or conditions of employment or employment statusof a school employee; and

(4)        Any other decision that by statute specifically provides fora right of appeal to the local board of education and for which there is noother statutory appeal procedure.

As used in this subsection, the term "final administrativedecision" means a decision of a school employee from which no furtherappeal to a school administrator is available.

Any person aggrieved by a decision not covered under subdivisions (1)through (4) of this subsection shall have the right to appeal to thesuperintendent and thereafter shall have the right to petition the local boardof education for a hearing, and the local board may grant a hearing regardingany final decision of school personnel within the local school administrativeunit. The local board of education shall notify the person making the petitionof its decision whether to grant a hearing.

In all appeals to the board it is the duty of the board of education tosee that a proper notice is given to all parties concerned and that a record ofthe hearing is properly entered in the records of the board conducting thehearing.

The board of education may designate hearing panels composed of notless than two members of the board to hear and act upon such appeals in thename and on behalf of the board of education.

An appeal of right brought before a local board of education undersubdivision (1), (2), (3), or (4) of this subsection may be further appealed tothe superior court of the State on the grounds that the local board's decisionis in violation of constitutional provisions, is in excess of the statutoryauthority or jurisdiction of the board, is made upon unlawful procedure, isaffected by other error of law, is unsupported by substantial evidence in viewof the entire record as submitted, or is arbitrary or capricious. However, theright of a noncertified employee to appeal decisions of a local board undersubdivision (3) of this subsection shall only apply to decisions concerning thedismissal, demotion, or suspension without pay of the noncertified employee. Anoncertified employee may request and shall be entitled to receive writtennotice as to the reasons for the employee's dismissal, demotion, or suspensionwithout pay. The notice shall be provided to the employee prior to any localboard of education hearing on the issue. This subsection shall not alter theemployment status of a noncertified employee. (1955, c. 1372, art. 5, ss. 15‑17; 1971, c. 647; 1981, c. 423, s.1; 1993, c. 539, s. 881; 1994, Ex. Sess., c. 24, s. 14(c); 2001‑260, s.1; 2001‑500, s. 6.)