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NORTH CAROLINA STATUTES AND CODES

§ 115C-21. Powers and duties generally.

§ 115C‑21.  Powers and duties generally.

(a)        Administrative Duties. – Subject to the direction, control,and approval of the State Board of Education, it shall be the duty of theSuperintendent of Public Instruction:

(1)        To organize and establish a Department of Public Instructionwhich shall include such divisions and departments as the State Board considersnecessary for supervision and administration of the public school system. Allappointments of administrative and supervisory personnel to the staff of theDepartment of Public Instruction are subject to the approval of the State Boardof Education, which may terminate these appointments for cause in conformitywith Chapter 126 of the General Statutes, the State Personnel System.

(2)        To keep the public informed as to the problems and needs ofthe public schools by constant contact with all school administrators andteachers, by personal appearance at public gatherings, and by informationfurnished to the press of the State.

(3)        To report biennially to the Governor 30 days prior to eachregular session of the General Assembly, such report to include information andstatistics of the public schools, with recommendations for their improvementand for changes in the school law.

(4)        To have printed and distributed such educational bulletinsas are necessary for the professional improvement of teachers and for thecultivation of public sentiment for public education, and to have printed allforms necessary and proper for the administration of the Department of PublicInstruction.

(5)        To manage all those matters relating to the supervision andadministration of the public school system that the State Board delegates tothe Superintendent of Public Instruction.

(6)        To create a special fund within the Department of PublicInstruction to manage funds received as grants from nongovernmental sources insupport of public education. Effective July 1, 1995, this special fund istransferred to the State Board of Education and shall be administered by theState Board in accordance with G.S. 115C‑410.

(7)        Repealed by Session Laws 1995, c. 72, s. 2.

(b)        Duties as Secretary to the State Board of Education. –Subject to the direction, control, and approval of the State Board ofEducation, it shall be the duty of the Superintendent of Public Instruction:

(1)        To administer through the Department of Public Instruction,the instructional policies established by the Board.

(1a)      Repealed by Session Laws 1995, c. 72, s. 2.

(2)        To keep the Board informed regarding developments in thefield of public education.

(3)        To make recommendations to the Board with regard to theproblems and needs of education in North Carolina.

(4)        To make available to the public schools a continuous programof comprehensive supervisory services.

(5)        To collect and organize information regarding the publicschools, on the basis of which he shall furnish the Board such tabulations andreports as may be required by the Board.

(6)        To communicate to the public school administrators allinformation and instructions regarding instructional policies and proceduresadopted by the Board.

(7)        To have custody of the official seal of the Board and toattest all deeds, leases, or written contracts executed in the name of theBoard. All deeds of conveyance, leases, and contracts affecting real estate,title to which is held by the Board, and all contracts of the Board required tobe in writing and under seal, shall be executed in the name of the Board by thechairman and attested by the secretary; and proof of the execution, if requiredor desired, may be had as provided by law for the proof of corporateinstruments.

(8)        To attend all meetings of the Board and to keep the minutesof the proceedings of the Board in a well‑bound and suitable book, whichminutes shall be approved by the Board prior to its adjournment; and, as soonthereafter as possible, to furnish to each member of the Board a copy of saidminutes.

(9)        To perform such other duties as the Board may assign to himfrom time to time. (1955, c. 1372, art. 2, s.2; art. 3, ss. 3, 4; 1957, c. 541, s. 11; 1961, c. 969; 1963, c. 448, ss. 24,27; c. 688, ss. 1, 2; c. 1223, s. 1; 1965, c. 1185, s. 2; 1967, c. 643, s. 1;1969, c. 517, s. 1; 1971, c. 704, s. 4; c. 745; 1973, c. 476, s. 138; c. 675;1975, c. 699, ss. 2, 3; c. 975; 1979, c. 300, s. 1; c. 935; 1981, c. 423, s. 1;1985, c. 479, s. 37; 1987 (Reg. Sess., 1988), c. 1025, ss. 5‑8; 1989, c.752, s. 78(a); 1989 (Reg. Sess., 1990), c. 1066, s. 102; 1991 (Reg. Sess.,1992), c. 812, s. 6(g); c. 1044, s. 22(a); 1993, c. 522, s. 1; 1995, c. 72, s.2.)

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