1923 public laws – Ch. 136 Sec. 73

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CHAPTER 136 AN ACT TO AMEND THE CONSOLIDATED STATUTES AND TO CODIFY THE LAWS RELATING TO PUBLIC SCHOOLS. Whereas the acts of the General Assembly relating to public education are for the purpose of aiding all the people, and espe- cially school officials, in maintaining and conducting a system of public schools and in providing revenue for the same; and Whereas a great need is apparent for collecting all the laws relating to public education and codifying them in such a way as to set forth as clearly as possible the legal duties, powers, and responsibilities of the several school officials, in order to give them and all other friends of public education a clearer concep- tion of their duties in maintaining and conducting public schools in accordance with the needs of the people and the provisions of the Constitution: Now, therefore, The General Assembly of North Carolina do enact: PART I ARTICLE I. INTERPRETATIONS

School districts. The county board of education shall maintain in each county a convenient number of school districts. There may be one district for each elementary school or there may be two or more elementary schools in the same district. There may be one district for both the elementary and the high school; or a special high school district may be created embracing two or more school districts. But no special high school district shalP be created unless provisions are made for conducting all elementary schools and the high school in the proposed special high school district the same length of term. Whenever a special high school district is created embracing two or more elementary schools the committee, or board of trustees, of the district in which the high school is located shall have the same jurisdiction over the high school that it has over the elementary school. There may be one district and one school committee for both races, or the races may have separate districts and separate school committees. The county board of education shall consult the convenience and necessities of each race in fixing the boundary lines of school districts for each race, and it shall be the duty of the county board of education to record, in a book kept for the purpose, the location of each school district and the boundary lines of each. Sec. 73a. County-wide plan of organization. The county board of education shall create no new district nor shall it divide or abolish a district, nor shall it consolidate districts or parts of districts, except in accordance with a countywide plan of organization, as follows: 1 The county board of education shall present a diagram or map of the county showing the present location of each district, the position of each, the location of roads, streams and other natural barriers, the number of children in each district, the size and condition of each school building in each county. The county board of education shall then prepare a county-wide plan for the organization of all the schools of the county. This plan shall indicate the proposed changes to be made and how districts or parts of districts are proposed to be consolidated so as to work out a more advantageous school system for the entire county. 2 Before adopting the county-wide plan, the county board of education shall call a meeting of all the school committeemen and the boards of trustees and lay the proposed plan before them for their advice and suggestions. After receiving the advice of the committeemen and trustees, the county board of education shall have authority to adopt a county-wide plan of organization, and no districts or parts of any district, including non-local tax, local tax, and special charter districts, hereafter referred to in this article, shall be consolidated or the boundary lines changed, unless the consolidation or the change of boundary lines is in accordance with the adopted county-wide plan of organization: Provided, that in the event the county board of education deems it wise to modify or change the adopted plan, the board shall notify the committeemen and interested patrons and give them a hearing, if they desire to be heard, before any changes shall be made. 3 The county board of education shall have authority to execute the entire plan or any part of the same, but the county board of education shall have no authority to create a debt for the execution of any part of the proposed plan, unless authorized by law, and if the amount necessary to put into operation all or any part of said plan shall be greater than the amount that may be reasonably expected from the Operating and Equipment Fund for this purpose, the amount shall be guaranteed by the districts affected by the execution of the plan, or if the districts do not guarantee the funds the county board of education shall lay the proposed plan before the county commissioners, together with the estimated amount necessary to put the same into operation, and if the amount necessary to carry out all or any part of the proposed plan shall be approved by the county commissioners, the county board of education shall then have the authority to organize the districts in accordance with the county-wide plan. 4, When the proposed county-wide plan is adopted the county board shall notify the committeemen and boards of trustees as to what part of the plan the board proposes to carry out first and in what order the other parts of the plan will be considered, and the preference shall be given to those districts in which the needs are greatest if the funds for providing the equipment are made available. 5 In the event that any child or children of any district or any part of a district are without adequate school advantages, and these advantages may be improved by transferring said child or children to a school or schools in adjoining districts, the county board shall have authority to make such a transfer. But this shall not empower the county board of education to abolish or divide a district unless such act shall be in harmony with the county-wide plan of organization. The temporary transfer of such child or children may be made until such time as the countywide plan will provide more advantageously for them.

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