State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-505

§ 115C‑505.  Boardsof education must consider petitions.

The board of education to whom the petition requesting an election isaddressed shall receive the petition and give it due consideration. If, in thediscretion of the board of education, the petition for an election shall beapproved, it shall be endorsed by the chairman and the secretary of the boardand a record of the endorsement shall be made in the minutes of the board.Petitions for an election to enlarge a city administrative unit shall be subjectto the approval and endorsement of both county and city boards of educationwhich are therein affected.

Local boards of education shall have no discretion in granting anelection to abolish a special school tax in any local school administrativeunit, or district, or other school area, which has previously voted asupplemental tax, whenever a majority of the qualified voters residing in saidlocal school administrative unit, district or school area shall petition for anelection. When such a petition, showing the proper number of names of qualifiedvoters, is presented to a board of education, it is hereby made mandatory thatsuch petition shall be granted and the election held. If at the election amajority of those in the district who have voted thereon have voted"against local tax," the tax shall be deemed revoked and shall not belevied: Provided, that in Alexander, Anson, Beaufort, Buncombe, Carteret,Catawba, Chatham, Chowan, Cleveland, Craven, Currituck, Davidson, Duplin,Franklin, Gates, Greene, Henderson, Hoke, Hyde, Iredell, Jackson, Johnston,Lenoir, Martin, Mecklenburg, Moore, Nash, Onslow, Pamlico, Pitt, Randolph,Richmond, Robeson, Rockingham, Transylvania, Vance, Wake, Warren and WilkesCounties, petition of twenty‑five percent (25%) of the number of votersin the election creating said special tax district, said petition to be signedby qualified voters residing in such special tax district, shall be sufficient.

The provisions of this section as to abolishing local tax districtsshall not be applied when such local tax district is in debt in any sumwhatever, or has obligated or committed its resources in any contractualmanner: Provided, that no election for revoking a local tax in any local taxdistrict shall be ordered and held in the district within less than one yearfrom the date of the election at which the tax was voted and the districtestablished, nor at any time within less than one year after the date of thelast election on the question of revoking the tax in the district; and nopetition seeking to revoke a school tax shall be approved by a board ofeducation more often than once a year. (1955, c. 1372, art. 14, s. 5; 1957, c. 1100; 1981, c. 423, s. 1; 1985(Reg. Sess., 1986), c. 975, s. 24.)