NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 584

HOUSE BILL 435

 

 

AN ACT TO AMEND CERTAIN SECTION OF CHAPTER 115 OF THE GENERAL STATUTES, RELATING TO THE PUBLIC SCHOOL SYSTEM, FOR THE PURPOSE OF MAKING THE ADMINISTRATION MORE FLEXIBLE AND TO ASSIST THE LOCAL SCHOOL UNITS TO MEET THE CONDITIONS REQUIRED FOR THE RECEIPT OF FEDERAL FUNDS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Amend G.S. 115-7 by striking out the word "two", as the same appear in the sixth line of said Section, and by inserting in lieu thereof the word "three".

Further amend said G.S. 115-7 by adding thereto a new paragraph to be designated as paragraph "(3)" and which new paragraph shall read as follows:

"(3)      The administrative district, that is, a territorial division of a county administrative unit under the control of a county board of education which is established for administrative purposes and which consists of one or more local tax districts and/or nontax areas or bond districts of the county administrative unit."

Sec. 2.  Amend G.S. 115-8 by striking out the words "district or", as the same appear in the seventh line of said Section.

Sec. 3.  Amend G.S. 115-49 by adding at the end of said Section a proviso which shall read as follows:

"Provided, further, that when one or more local tax districts have been combined to create an administrative district, the county board of education may supplement the salaries of all teachers of each local tax district from funds derived from taxes collected within such local tax district, and the minutes of the board shall show what increase is allowed each teacher in each such district."

Sec. 4.  G.S. 115-50 is hereby rewritten to read as follows:

"Sec. 115-50.  Authority for Salary Vouchers. The authority for boards of education to issue salary vouchers to all school employees, whether paid from State or local funds, shall be a monthly payroll prepared on forms furnished by the State Board of Education and containing all information required by the Controller of the State Board of Education. This monthly payroll shall be signed by the principal of each school."

Sec. 5.  Amend G.S. 115-58 by adding at the end of the first paragraph of said Section a proviso which shall read as follows:

"Provided, that in county administrative units which elect to operate as one school district without a school committee it shall be the duty of the county superintendent to recommend and the board of education to elect all principals, teachers, and other school personnel in the county administrative unit."

Sec. 6.  Amend G.S. 115-59, as the same appears in the 1963 Cumulative Supplement to the General Statutes, by striking out in line 8 of said Section the words "by districts,".

Sec. 7.  Amend G.S. 115-61 by striking out the last sentence in said Section, including the proviso therein.

Sec. 8.  G.S. 115-70 is hereby rewritten to read as follows:

"Sec. 115-70.  Appointment; Terms; Vacancies. At the first regular meeting during the month of April, 1965, or as soon thereafter as practicable, and biennially thereafter, the county board of education named by the General Assembly which convened in February of such year or elected at the preceding general election, as the case may be, shall elect and appoint school committees for each of the several districts in their counties, consisting of not less than three, nor more than five persons, for each school district, whose term of office shall be for two years: Provided, that in county school administrative units organized as one district, the county board of education need not appoint a district school committee, in which case the county board of education shall assume the duties of the district school committee or may authorize an advisory council, or councils, to assume such duties as it may legally delegate to them. In the event of death, resignation or removal from the district of any member of said school committee, the county board of education shall be empowered to select and appoint his or her successor to serve the remainder of the term; provided, that in units desiring the same, by action of the county board of education, one-third of the members may be selected for a term of one year, one-third of the members for a term of two years, and one-third of the members for a term of three years, and thereafter all members for a term of three years from the expiration of said terms. This Section shall not have the effect of repealing any local or special Acts relating to the appointment or terms of office of school committees.

"A county board of education may appoint an advisory council for any school or schools within the administrative unit. The purpose and function of an advisory council shall be to serve in an advisory capacity to the board on matters affecting the school or schools for which it is appointed. The organization, terms, composition and regulations for the operation of such advisory council shall be determined by the board."

Sec. 9.  Amend G.S. 115-72 by striking out in line 3 thereof the words "the district" and by inserting in lieu thereof the words "each school".

Sec. 10.  Amend G.S. 115-80(b) by striking out the colon in line 14, appearing after the word "expended", and by adding in line 14, after the word "expended", the following: "except in administrative districts:".

Sec. 11.  Amend G.S. 115-90(2) by striking out the period appearing after the word "funds", in the last line of said paragraph (2), and by inserting in lieu of said period a comma and the following: "except in the case of administrative districts. All vouchers which are chargeable against district funds shall specify the district against which they are charged."

Sec. 12.  Amend G.S. 115-124 by placing a colon after the word "authorities", in line 14 of said Section, and by striking out the words: "except where such levy is voted in a district, in which case the written consent of the chairman of the district committee shall also be obtained before any of said proceeds are expended:".

Sec. 13.  Amend G.S. 115-145 by striking out all of the second paragraph of said Section and by inserting in lieu of said second paragraph the following:

"In all cases where principals, teachers, and other certificated personnel have been dismissed by boards of education for immoral or disreputable conduct or have been convicted of a crime involving moral turpitude, the superintendent of schools shall notify, within thirty days of such dismissal or conviction, the State Superintendent of Public Instruction who shall have authority to revoke such principal's or teacher's certificate, if he deems such action justifiable. Persons whose certificates have been revoked by another state for immoral or disreputable conduct shall not be certificated in North Carolina and it shall be the duty of the State Superintendent of Public Instruction to notify all other states of any certificates which he shall revoke."

Sec. 14.  Amend G.S. 115-147, as the same appears in the 1963 Cumulative Supplement to the General Statutes, by striking out in lines one and two the words "a district principal, or a building principal," and by inserting in lieu thereof the words: "the principal of a school".

Sec. 15.  Amend G.S. 115-150 by rewriting the first paragraph of said Section so that the same shall hereafter read as follows:

"The principal shall have authority to grade and classify pupils and exercise discipline over the pupils of the school. The principal shall make all reports to the county or city superintendent and give suggestions to teachers for the improvement of instruction. It shall be the duty of each teacher in a school to cooperate with the principal in every way possible to promote good teaching in the school and a progressive community spirit among its patrons."

Sec. 16.  Amend G.S. 115-158 by inserting a period after the word "school'', in line five of said Section, and by striking out the following: "in city administrative units, and in county administrative units by the principal and the chairman of the local committee."

Sec. 17.  G.S. 115-165, as the same appears in the 1963 Cumulative Supplement to the General Statutes, is hereby rewritten so that the same shall hereafter read as follows:

"Sec. 115-165.  Children Not Entitled to Attend Public Schools. A child so severely afflicted by mental, emotional, or physical incapacity as to make it impossible for such child to profit by instruction given in the public schools shall not be permitted to attend the public schools of the State. In case such child is presented for enrollment in the public schools, it shall be the duty of the county or city superintendent of schools to make, or cause to be made by qualified psychologists and/or medical authorities, an examination to determine whether said child can profit by attending the public schools. Upon a receipt of a report indicating that the child cannot profit from instruction given in the public schools the county or city superintendent of schools is hereby authorized to exclude said child from the public schools. In all such cases in which a child is excluded from schools, a complete record of the transaction shall be filed in the office of the county or city superintendent, the office of the county director of public welfare, and the office of the county health officer, and shall be available to all parties concerned. If the parent or guardian of such a child persists in forcing his attendance after such report has determined that the child should not attend the public schools, he shall be guilty of a misdemeanor and upon conviction shall be punished in the discretion of the court."

Sec. 18.  G.S. 115-207 is hereby rewritten so that the same shall hereafter read as follows:

"Sec. 115-207.  State Board of Education to Select and Adopt Textbooks. The board is hereby authorized to select and adopt for the exclusive use in the public schools of North Carolina, textbooks, publications, and instructional materials needed for instructional purposes in each grade and on each subject matter in which instruction is required by law. It shall adopt for a period of not less than five years, two or more basal primers for the first grade, two or more basal readers for each of the first three grades, one or more basal readers for grades four through eight inclusive, and one or more basal books or series of books on all other subjects required to be taught in the first eight grades, and one or more basal books for all subjects taught in the high school: Provided, further, that the State Board of Education may enter into contract with a publisher for a period of less than five years, if any advantage may accrue to the schools as a result of a shorter contract than five years."

Sec. 19.  G.S. 115-216(5) is hereby amended by adding at the end of subsection (5) the following:

"Provided, further, within funds available the board may provide for the free use of supplementary readers and other supplementary books in the public elementary schools."

Sec. 20.  G.S. 115-255 is hereby amended by adding to said Section a second paragraph, which said paragraph shall read as follows:

"New non-public schools shall file a notice of intention to operate a new school with the State Superintendent of Public Instruction prior to beginning of operation."

Sec. 20.1.  Amend G.S. 115-153 by adding a new paragraph at the end thereof which shall read as follows:

"Upon request, the State Board of Education and the State Department of Public Instruction shall furnish to any county or city board of education any and all available personnel information relating to certification, evaluation and qualification including, but not limited to, semester hours or quarterly hours completed, graduate work, grades, scores, etc. that are on that date in the files of the State Board of Education or Department of Public Instruction."

Sec. 21.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 22.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 18th day of May, 1965.