§ 115C-274. Removal. - North Carolina Statutes

§ 115C‑274. Removal.

(a)        Local boards of education are authorized to remove asuperintendent who is guilty of immoral or disreputable conduct or who shallfail or refuse to perform the duties required of him by law. In case the StateBoard of Education has sufficient evidence at any time that any superintendentof schools is not capable of discharging, or is not discharging, the duties ofhis office as required by law or is guilty of immoral or disreputable conduct,the State Board of Education shall report this matter to the board of educationemploying said superintendent of schools. It shall then be the duty of thatboard of education to hear the evidence in the case and, if after carefulinvestigation it shall find the charges true, it shall declare the officevacant at once and proceed to elect a successor: Provided, that suchsuperintendent shall have the right to try his title to office in the courts ofthe State.

(b)        If the superintendent shall fail in the duties enumerated inG.S. 115C‑276(g), 115C‑276(h), 115C‑276(i), or any otherduties as may be assigned him, he shall be subject, after notice, to aninvestigation by the State Board of Education or by his board of education forfailure to perform his duties. For persistent failure to perform these duties,the State Board of Education may revoke the superintendent's certificate andthe superintendent may be dismissed by his board of education.

(c)        The identification by the State Board of Education of morethan half the schools in a local school administrative unit as low‑performingunder G.S. 115C‑105.37 is evidence that the superintendent is unable tofulfill the duties of the office, and the State Board may appoint an interimsuperintendent to carry out the duties of the superintendent under G.S. 115C‑105.39,may revoke the superintendent's certificate under this section, may dismiss thesuperintendent under G.S. 115C‑105.39, or may take any combination ofthese actions. (1955, c. 1372,art. 5, s. 25; art. 6, s. 4; 1981, c. 423, s. 1; 1995 (Reg. Sess., 1996), c.716, s. 6.)