§ 115C-276. Duties of superintendent.
§ 115C‑276. Dutiesof superintendent.
(a) In General. All acts of local boards of education, not inconflict with State law, shall be binding on the superintendent, and it shallbe his duty to carry out all rules and regulations of the board.
All the powers, duties and responsibilities imposed by law upon thesuperintendents of county administrative units shall, with respect to cityadministrative units, be imposed upon, and exercised by, the superintendents ofcity administrative units, in the same manner and to the same extent, insofaras applicable thereto, as such powers and duties are exercised and performed bysuperintendents of county administrative units with reference to said countyadministrative units.
(b) To Serve as Secretary to Board. Superintendents shall beex officio secretary to their respective boards of education. As secretary tothe board of education, the superintendent shall record all proceedings of theboard, issue all notices and orders that may be made by the board, and otherwisebe executive officer of the board of education. He shall see that the minutesof the meetings of the board of education are promptly and accurately recordedin the minute book which shall be kept in the office of the board of educationand be open at all times to public inspection.
(c) To Monitor Condition of School Plants. It shall be theduty of every superintendent to visit the schools of his unit, to keep hisboard of education informed at all times as to the condition of the schoolplants in his administrative unit, and to make immediate provisions to remedyany unsafe or unsanitary conditions existing in any school building.
(d) To Attend Professional Meetings. It shall be the duty ofevery superintendent to attend professional meetings conducted by the StateSuperintendent of Public Instruction and such other professional meetings asare necessary to keep him informed on educational matters.
(e) To Report Certain Information to the Superintendent ofPublic Instruction. It shall be the duty of every superintendent to furnishas promptly as possible to the State Superintendent when requested by him,information and statistics on any phase of the school work in hisadministrative unit.
(f) To Administer Oaths When Required. The superintendent shallhave authority to administer oaths to teachers and all other school officialswhen an oath is required of the same.
(g) To Familiarize Himself with and to Implement State Policiesand Rules. It shall be the duty of the superintendent to keep himself thoroughlyinformed as to all policies promulgated and rules adopted by the StateSuperintendent of Public Instruction and the State Board of Education, for theorganization and government of the public schools. The superintendent shallnotify and inform his board of education, supervisors, principals, teachers,janitors, bus drivers, and all other persons connected with the public schools,of such policies and rules. In the performance of these duties, thesuperintendent shall confer, work, and plan with all school personnel toachieve the best methods of instruction, school organization and schoolgovernment.
(h) To Hold Necessary Teachers' Meetings. The superintendentshall hold each year such teachers' meetings and study groups as in hisjudgment will improve the efficiency of the instruction in the schools of hisunit.
(i) To Distribute Certain Supplies and Information. Thesuperintendent shall distribute to all school personnel all blanks, registers,report cards, record books, bulletins, and all other supplies and informationfurnished by the State Superintendent and the State Board of Education and giveinstruction for their proper use.
(j) To Assist the Local Board in Electing School Personnel. It shall be the duty of the superintendent to recommend and the board ofeducation to elect all principals, teachers, and other school personnel in theadministrative unit.
(k) To Submit Organization Reports and Other Information to theState Board. Each year the superintendent of each local school administrativeunit shall submit to the State Board of Education statistical reports,certified by the chairman of the board of education, showing the organizationof the schools in his unit and any additional information the State Board mayrequire. At the end of the second month of school each year, local boards ofeducation, through the superintendent, shall report school organization,employees' duties, class sizes, and teaching loads to the State Board ofEducation as provided in G.S. 115C‑47(10). As of February 1 each year,local boards of education, through the superintendent, shall report allexceptions to individual class size and daily teaching load maximums that occurat that time.
(l) To Maintain Personnel Files and to Participate in Firingand Demoting of Staff. The superintendent shall maintain in his office apersonnel file for each teacher that contains complaints, commendations, orsuggestions for correction or improvement about the teacher and shallparticipate in the firing and demoting of staff, as provided in G.S. 115C‑325.
(m) To Furnish Boundaries of Special Taxing Districts. It shallbe the duty of county superintendents, and of city superintendents where theiradministrative units are not coterminous with city or township limits, to furnishtax listers at tax listing time the boundaries of each taxing district and cityadministrative unit in which a special tax will be levied to the end that allproperty in such district or unit may be properly listed.
(n) To Issue Salary Vouchers. The authority for asuperintendent to issue vouchers for the salary of all school employees,whether paid from State or local funds, shall be a monthly payroll, prepared onforms furnished by the State Board of Education and containing all informationrequired by the State Board of Education. This monthly payroll shall be signedby the principal of the school. If any voucher so drawn is chargeable againstdistrict funds, the amount so charged and the district to which said amount ischarged shall be specified on the voucher. The superintendent shall not approvethe vouchers for the pay of principals or teachers until the monthly and annualreports required by the local board of education are made.
(o) To Participate in the School Budget and Finances. The superintendentshall participate in the school budget and finances, as provided in Article 31of this Chapter.
(p) To Require Teachers and Principals to Make Reports. Thesuperintendents may require teachers to make reports to the principals andprincipals to make reports to the superintendent. Any superintendent whoknowingly and willfully makes or procures another to make any false report orrecords, requisitions, or payrolls, respecting daily attendance of pupils inthe public schools, payroll data sheets, or other reports required to be madeto any board or officer in the performance of his duties, shall be guilty of aClass 1 misdemeanor and the certificate of such person to teach in the publicschools of North Carolina shall be revoked by the Superintendent of PublicInstruction.
(q) To Assign School Principals. Subject to local boardpolicy, the superintendent shall have the authority to assign principals toschool buildings. When making an assignment, the superintendent shall consider(i) whether a principal has demonstrated the leadership ability to increasestudent achievement at a school where conditions indicated a significant riskof low student performance; and (ii) how to maintain stability at a schoolwhere, during the time the principal has been at a school, there has beensignificant improvement on end‑of‑course or end‑of‑gradetests and other accountability measures developed by the State Board ofEducation.
(r) To Maintain Student Discipline. The superintendent shallmaintain student discipline in accordance with Article 27 of this Chapter andshall keep data on each student suspended for more than 10 days or expelled.This data shall include the race, gender, and age of each student, the durationof suspension for each student, whether an alternative education was consideredor provided for each student, and whether a student had multiple suspensions.
(s) To Provide for Annual Evaluations and Action Plans. Thesuperintendent shall provide for the annual evaluation of all certified employeesassigned to low‑performing schools that did not receive an assistanceteam. The superintendent shall determine whether all principals and assistantprincipals who evaluate certified employees are trained in the properadministration of the employee evaluations and the development of appropriateaction plans. The superintendent also shall arrange for principals andassistant principals who evaluate certified employees to receive theappropriate training.
(t) Report on DWI Vehicle Forfeiture. The superintendent, orthe superintendent's designee, of each county school system shall report byOctober 1 of each year to the Department of Public Instruction the receiptsreceived by the county school from the sale of seized vehicles and all costs tothe county board of education for administering the DWI motor vehicleforfeiture law. The Department of Public Instruction shall report to the JointLegislative Education Oversight Committee annually by December 1 the results ofthese reports filed by the county school superintendents under this section. (1955, c. 1372, art. 5, s. 24; art. 6, ss. 3‑6,10, 15; art. 17, s. 6; art. 18, s. 7; 1959, c. 1294; 1963, c. 688, s. 3; 1965,c. 584, ss. 5, 6, 16; 1969, c. 539; 1973, c. 770, ss. 1, 2; 1975, c. 965, s. 3;1977, c. 1088, s. 4; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 975, ss.17, 18, 24; 1987 (Reg. Sess., 1988), c. 1025, s. 12; c. 1086, s. 89(c); 1993,c. 169, s. 2; c. 210, s. 4; c. 539, s. 882; 1994, Ex. Sess., c. 24, s. 14(c);1995, c. 386, s. 2; 1995 (Reg. Sess., 1996), c. 716, s. 25; 1998‑5, s. 6;1998‑182, s. 38; 1998‑220, s. 10.)