1956/57 session laws – Ch.3 Sec.1

Chapter 115 of the General Statutes relating to public education is hereby amended by adding a new article, to be designated Article 35, as follows: ARTICLE 35 Education Expense Grants Section 1 Statement of legislative policy and purposes. The General Assembly of North Carolina recognizes and hereby affirms that knowledge, morality, and adherence to fundamental principles of individual freedom and responsibility are necessary to good government and the happiness of mankind; and further affirms that schools and the means of education ought forever to be encouraged. The value and importance of our public schools are known and acknowledged by our people. It is further recognized that our public schools are so intimately related to the customs and feelings of the people of each community that their effective operation is impossible except in conformity with community attitudes. Our people need to be assured that no child will be forced to attend a school with children of another race in order to get an education. It is the purpose of the State of North Carolina to make available, under the conditions and qualifications set out in this Act, education expense grants for the private education of any child of any race residing in this State. In so doing, it is the hope of the General Assembly of North Carolina that all peoples within our State shall respect deeply-felt convictions, and that our public school system shall be continually strengthened and improved, and sustained by the support of all our citizens. Sec. 2 Every child residing in this State for whom no public school is available, or who is assigned to a public school attended by a child of another race against the wishes of his parent or guardian or the person standing in loco parentis to such child, is entitled to apply for an education expense grant from State funds appropriated for that purpose. Such grants shall be available only for education in a private nonsectarian school, and in the case of a child assigned to a public school attended by a child of another race, shall, in addition, be available only when it is not reasonable and practicable to reassign such child to a public school not attended by a child of another race. For purposes of this Article, a nonsectarian school is defined as a school whose operation is not controlled directly or indirectly by any church or sectarian body or by any individual or individuals acting on behalf of a church or sectarian body. Sec. 3 It shall be the policy of the State to make an education expense grant available to each eligible child, as provided under this Article, which is equal to the per-day, per-student amount of State funds expended 4 on public schools throughout the State during the preceding school year, but in no event, shall a grant for any child exceed the amount actually expended for the private education of such child. The State Board of Education shall determine the maximum amount of the grant to be made available to each child, and in so doing, shall take into account the total expenditures for all current expenses and for debt service on State school bonds made from State funds for the preceding school year. Sec. 4 Application for an education expense grant shall be made to the board of education of the administrative unit within which the child resides. Such application shall be on standard forms prescribed by the State Board of Education for that purpose and shall be signed under oath or affirmation by the parent or guardian of or the person standing in loco parentis to the child for whom application is made. Sec. 5 Application for an education expense grant shall be approved if the board of education to whom application is made finds that: (a) the child for whom application is made resides within the administrative unit; and (b) there is no public school available for such child, or such child is now assigned against the wishes of his parent or guardian or of the person standing in loco parentis to such child to a public school attended by a child of another race and it is not reasonable and practicable to reassign such child to a public school not attended by a child of another race; and (c) such child is enrolled in or has been accepted for enrollment in a private nonsectarian school, recognized and approved under Article 32 of this Chapter. Sec. 6 Each application for an education expense grant shall specify the number of school days for which the grant is requested, but in no event shall any one application be for more than one school year or the equivalent of one hundred and eighty -180 school days. If the conditions of Section 5 of this Article continue to be met, application may be filed on behalf of a child, who has received benefits under a previous application, for another school year or part thereof. Sec. 7 Upon approving the application for an education expense grant from State funds, the board of education shall give notice in writing to the parent or guardian or person standing in loco parentis to the child concerned of an education grant commitment for a specified number of school days and for a specified amount for each school day, but no one commitment shall exceed one hundred and eighty -180 school days. So long as the requirements set out in paragraphs (a) and (c) of Section 5 of this Article are met during the period of the education grant commitment, the board, unless requested otherwise by the parent or guardian or person standing in loco parentis, shall continue payments under such commitment notwithstanding the fact that a change of conditions since approval of the application may make it reasonable and practicable to assign such child to a public school not atteaded by a child of another race. Sec. 8 Upon disapproval of an application for an education expense grant, whether payable from State or local funds, the board of education 5 shall give notice to the applicant by registered mail, and any applicant may within ten -10 days after receipt of such notice apply to such board for a hearing, and shall be given a prompt and fair hearing on the question of entitlement to an education expense grant. The board shall render prompt decision upon such hearing, and if the board shall affirm its previous action of disapproval of the application, notice shall be given to the applicant by registered mail, and any applicant aggrieved by the action of the board may within ten -10 days after receipt of such notice file a petition in the superior court of the county in which the board sits for a hearing in the matter on all questions of fact and of law. Notice of the petition shall be properly served upon the board of education. The board shall have fifteen -15 days after receipt of notice of the petition within which to prepare and furnish to the petitioner or his attorney a certified transcript of the record in the case for filing in the superior court, which record shall include a copy of the application and any official orders and rulings of the board in the case. Additional time for preparation of the record may be granted to the board, for good cause, upon motion before the clerk of the superior court. The petition in the superior court may be heard by the resident judge of the district or by the judge presiding at a term of court in that district, and such judge shall have authority to take testimony and examine into the facts of the case, and to determine all questions of fact and of law, and enter judgment thereon. From the judgment of the superior court an appeal may be taken by the petitioner or the board to the Supreme Court in the same manner as other appeals are taken from judgments of such court in civil actions. Sec. 9 Payments of education expense grants shall be made by check upon receipt of satisfactory evidence that the child for whom payment is made actually attended a private nonsectarian school, recognized and approved under Article 32 of this Chapter. The school attended shall furnish, upon forms prescribed by the State Board of Education, a sworn certificate signed by the director or other appropriate official of the school, showing the number of school days actually attended by the child for whom payment is made. A child is deemed to be in attendance, within the meaning of this Section, although temporarily absent due to illness or other good cause, so long as such child is enrolled in the school as a bona fide student. Checks in payment of education expense grants shall be made payable jointly to the parent or guardian of or the person standing in loco parentis to the child and the school which the child attended, and shall be mailed to the parent or guardian or person standing in loco parentis for endorsement; provided, that if the school attended shall indicate in its certificate that the tuition and expenses for such child have already been paid the check shall be made payable to the parent or guardian or person standing in loco parentis alone. Sec. 10 Payments of education expense grants shall be made by each board of education monthly, bimonthly or quarterly in accordance with uniform regulations adopted and promulgated by the State Board of Education. The State Board of Education is authorized and directed to prescribe standard forms for application for grants, for notice of education 6 grant commitment, for certificates of attendance, and such other forms as may be necessary or desirable in the administration of the provisions of this Article. The State Board of Education shall have general supervision and administration of the funds provided by the General Assembly for education expense grants, and it is intended that such funds shall be managed and allotted by the Controller of the State Board of Education, under direction of the Board, pursuant to the relevant provisions of Chapter 115 of the General Statutes governing administration of fiscal affairs of the Board. See, 11 Payments of individual education expense grants from State funds shall be made only by warrants drawn on the State Treasurer, signed by the chairman and the secretary of the county or city board of education. The fiscal procedures prescribed in other Articles of this Chapter, unless in conflict with some specific provision in this Article, shall apply to the handling and management of State funds appropriated for education expense grants. Sec. 12 No education expense grant shall be paid for any child except for attendance at a private nonsectarian school found to be in compliance with the provisions of Article 32 of this Chapter. It shall be the duty of the State Board of Education to maintain a current list of all such approved schools and to furnish such information from time to time to county and city boards of education. Payment of education expense grants for or on behalf of any child attending such a school shall not vest in the State of North Carolina, the State Board of Education or any agency or political subdivision of the State any supervision or control whatever over such nonpublic schools or any responsibility whatever for their conduct and operation. Sec. 18 The appropriate tax levying authorities for any administrative unit may, upon recommendation of the board of education of such unit, appropriate amounts from any local tax or non-tax funds for a local education expense grant. In no event, shall the combined total of grants for any one child, from both State and local funds, exceed the amount of actual expenses incurred in the private education of such child. Sec. 14 Application for a local education expense grant shall be filed with the board of education of the administrative unit when local funds have been appropriated or allotted for such purpose. No child shall be entitled to a local education expense grant who is not at the same time eligible, under the provisions of this Article, for a grant from State funds. Sec. 15 Each application for a local education expense grant shall specify the number of school days for which the grant is requested, but in no event shall any one application be granted for more than one school year or the equivalent of one hundred and eighty -180 school days. If the child who has received benefits under a previous application continues to be otherwise eligible, an application for a local education expense grant for another school year or part thereof may be filed in his behalf. Sec. 16 Payments of local education expense grants shall be made by check upon receipt of satisfactory evidence that the child for whom payment is made actually attended a private nonsectarian school recognized and 7 approved under Article 32 of this Chapter. The school attended shall furnish, in such form as may be prescribed by the local board of education, a sworn certificate signed by the director or other appropriate official of the school, showing the number of school days actually attended by the child for whom payment is made. A child is deemed to be in attendance, within the meaning of this Section, although temporarily absent due to illness or other good cause, so long as such child is enrolled in such school as a bona fide student. Checks in payment of local education expense grants shall be made payable jointly to the parent or guardian of or the person standing in loco parentis to the child and the school which the child attended, and shall be mailed to the parent or guardian or person standing in loco parentis for endorsement; provided, that if the school attended shall indicate in its certificate that the tuition and expenses for such child have already been paid the check shall be made payable to the parent or guardian or person standing in loco parentis alone. Sec. 17 Payments of local education expense grants shall be made by each board of education monthly, bi-monthly or quarterly in accordance with rules and regulations adopted by each local board. In administering local grant payments, each board shall, so far as practicable, follow the procedures prescribed by the State Board of Education for the payment of education expense grants from State funds. Sec. 18 All local funds for education expense grants, from whatever source provided, shall be managed, supervised and disbursed in accordance with the procedures set out in other Articles of this Chapter, pertaining to administration of local school funds, except where such procedures are in conflict with some provision of this Article. Sec. 19 No local education expense grant shall be paid for or on behalf of any child except for attendance at a private nonsectarian school found to be in compliance with the provisions of Article 32 of this Chapter. Sec. 20 Any person who shall knowingly make any FALSE affidavit or shall knowingly swear or affirm falsely to any matter or thing required by the terms of this Article to be sworn or affirmed to shall be guilty of perjury, and upon conviction shall be punishable by a fine and imprisonment as other persons committing perjury are punishable. Sec. 21 It shall be unlawful for any parent or guardian or the person standing in loco parentis to a child to accept any payment authorized by this Article knowing that the child for whose benefit the payment is received did not actually attend, or was not actually a bona fide student at, a private nonsectarian school during the period for which payment is received. Any person violating this Section shall be guilty of a felony and upon conviction shall be punished by imprisonment in the States prison for not more than five -5 years or by a fine of not more than five thousand dollars ($5,000.00) or by both such fine and imprisonment. Sec. 22 It shall be unlawful for any official or employee of any school, acting wilfully or corruptly, to receive any payment of a grant authorized by this Article, knowing that said school is not entitled to such payment. Any person violating this Section shall be guilty of a felony and upon con- 8 viction shall be punished by imprisonment in the States prison for not more than five -5 years or by a fine of not more than five thousand dollars ($5,000.00) or by both such fine and imprisonment.