§ 115C-67. Merger of units in same county. - North Carolina Statutes

§ 115C‑67.  Mergerof units in same county.

     Cityschool administrative units may be consolidated and merged with contiguous cityschool administrative units and with county school administrative units uponapproval by the State Board of Education of a plan for consolidation and mergersubmitted by the boards of education involved and bearing the approval of theboard of county commissioners.

County and city boards of education desiring to consolidate and mergetheir school administrative units may do so by entering into a written planwhich shall set forth the conditions of merger. The provisions of the planshall be consistent with the General Statutes and shall contain, but not belimited to, the following:

(1)        The name by which the merged school administrative unitshall be identified and known.

(2)        The effective date of the merger.

(3)        The establishment and maintenance of a board of educationwhich shall administer all the public schools of the newly created unit,including:

a.         The termination of any terms of office proposed in thereorganization of the board.

b.         The method of constituting and continuing the board ofeducation; the manner of selection of board members, including (i) the numberof members of the board, (ii) the method of their election or appointment,(iii) whether members shall be nominated, elected, or appointed from districtsor at large, (iv) the manner of determining the nominee, and (v) whether theelection shall be partisan or nonpartisan; the length of the members' terms ofoffice; the dates of induction into office; the organization of the board; theprocedure for filling vacancies; and the compensation to be paid members of theboard for expenses incurred in performance of their duties. To the extent thatthe method conflicts with G.S. 115C‑35, G.S. 115C‑37, or with anylocal act concerning any of the units being merged and consolidated, the planof merger and consolidation shall prevail.

(4)        The authority, powers, and duties of the board of educationwith respect to the employment of personnel, the preparation of budgets, andany other related matters which may be particularly applicable to the mergedunit not inconsistent with the General Statutes.

(5)        The transfer of all facilities, properties, structures,funds, contracts, deeds, titles, and other obligations, assets and liabilitiesto the board of education of the merged unit.

(6)        Whether or not there shall be continued in force anysupplemental school tax which may be in effect in either or all local schooladministrative units involved.

(7)        A public hearing, which shall have been announced at least10 days prior to the hearing, on the proposed plan of merger.

(8)        A statement as to whether the question of merger, inaccordance with the projected plan, is to be contingent upon approval of thevoters in the affected area.

(9)        Any other condition or prerequisite to merger, together withany other appropriate subject or function that may be necessary for the orderlyconsolidation and merger of the local school administrative units involved.

The plan referred to above shall be mutually agreed upon by the cityand county boards of education involved and shall be accompanied by acertification that the plan was approved by the board of education on a givenday and that the action has been duly recorded in the minutes of said board,together with a certification to the effect that the public hearing requiredabove was announced and held. The plan, together with the requiredcertifications, shall then be submitted to the board of county commissionersfor its concurrence and approval. After such approval has been received, theplan shall be submitted to the State Board of Education for the approval ofsaid State Board and the plan shall not become effective until such approval isgranted. Upon approval by the State Board of Education, the plan ofconsolidation and merger shall become final and shall be deemed to have beenmade by authority of law and shall not be changed or amended except by an actof the General Assembly. The written plan of agreement shall be placed in thecustody of the board of education operating and administering the publicschools in the merged unit and a copy filed with the Secretary of State.

The plan may be, but it is not required that it be, submitted for theapproval of the voters of the geographic area affected in a referendum orelection called for such purpose, and such elections or referendums if heldshall be held under the provisions governing elections or referendums as setforth in G.S. 115C‑507, with authority of the board of countycommissioners to have such election or referendum conducted by the board ofelections of the county.

Upon approval of the plan of consolidation or merger by the State Boardof Education, or upon approval of the plan of consolidation or merger by thevoters in a referendum or election called for such purpose, and as soon as aprovisional or interim board of education of the merged unit, or a permanentboard of education of the merged unit, enters in and upon the duties of theadministration of the public schools of the consolidated or merged unit, thenthe former boards of education and all public officers of the former boards ofeducation of the separate units thus merged shall stand abolished, and saidseparate boards of education or administrative units thus merged shall standdissolved and shall cease to exist for any and all purposes. All consolidationsand mergers of county and city boards of education and of county and cityschool administrative units heretofore agreed to and finally approved, and allconsolidation or merger proceedings entered into prior to June 9, 1969, arehereby declared to be effective, legal and according to law notwithstanding anydefect in the merger or consolidation proceedings and notwithstanding any dissolutionof the separate boards of education and public officers of the former, separateschool units. (1967, c. 643, s.3; 1969, c. 742; 1981, c. 423, s. 1; 1991 (Reg. Sess., 1992), c. 767, s. 3.)