K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - North Carolina

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The executive power of the state shall be vested in the governor.

The governor shall take care that the laws be faithfully executed.

All bills that have passed both houses of the general assembly shall be presented to the governor. If he approves, he shall sign it. If not, he shall return it with objections to the house in which it originated.
What is the appointment authority provided to the governor in education? The governor appoints the members of the state board of education.
Are the governor’s duties and powers and found in the state constitution? Yes
Are the governor’s duties and powers and found in the state statute? Yes
Citation N.C.G.S.A. Art. III, § 1
N.C.G.S.A. Art. III, § 5
N.C.G.S.A. Art. II, § 22
N.C.G.S.A. Art. IX, § 4
N.C. Gen. Stat. Ann. § 115C-10
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative power of the state shall be vested in the general assembly, which shall consist of a senate and a house of representatives.

The general assembly shall provide by taxation and otherwise for a general uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students.

The general assembly may assign to units of local government such responsibility for the financial support of the free public schools as it may deem appropriate.

The general assembly shall provide that every child of appropriate age and of sufficient mental and physical ability shall attend the public schools, unless educated by other means.
What is the appointment or confirmation authority of the legislature in education? Governor's appointments to the state board of education are subject to general assembly confirmation in a joint session.
Which committees in the legislature have jurisdiction over education issues? House:
Education - K-12

Senate:
Appropriations on Education/Higher Education
Education/Higher Education
Constitutional? Yes
Statutory? Yes
Citations N.C.G.S.A. Art. II, § 1
N.C.G.S.A. Art. IX, § 2
N.C.G.S.A. Art. IX, § 3
N.C.G.S.A. Art. IX, § 4
N.C. Gen. Stat. Ann. § 115C-10
Chief State School Officer
What are the duties of the chief state officer? The superintendent of public instruction has a duty to perform the following:

-Keep the public informed as to the problems and needs of the public schools.

-Administer funds appropriated for the operations of the state board of education.

-Keep the board informed regarding developments in the field of public education.

-Make available to the public schools a continuous program of comprehensive supervisory services.

-Communicate to the public school administrators all information and instructions regarding needed rules and regulations adopted by the board.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The superintendent of public instruction has the authority to:

-Organize and establish a department of public instruction which shall include divisions and departments for supervision and administration of the public school system and to administer funds in accordance with all needed rules and regulations adopted by the state board of education.

-Direct and control all matters relating to the direct supervision and administration of the public school system.
How is the chief state school officer selected? The superintendent of public instruction is elected by qualified electors of the state.
Constitutional? No
Statutory? Yes
Citation N.C. Gen. Stat. Ann. § 115C-21
N.C. Gen. Stat. Ann. § 115C-18
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board of education shall supervise and administer the free public school system and the educational funds provided for its support, and shall make all needed rules and regulations in relation thereto, subject to laws enacted by the general assembly.

The board has the following powers and duties:

-Financial powers.

-Power to alter boundaries of city school administrative units and approve agreements for the consolidation and merger of school administrative units located in the same county.

-Power to provide for sick leave with pay and determine salary and benefits for all public school employees.

-Establish benchmarks by which to measure the progress that each local school board of education has made in implementing the basic education program.

-Conduct hearings throughout the state when making substantial policy changes.

-Develop exit standards and graduation requirements.

-Provide programs or projects in the cultural and fine arts areas.

-Provide for school transportation programs.

-Develop uniform education reporting system.

-Assist Schools in meeting adequate yearly progress.

-Power to accredit schools.
What is the composition of the state board of education? The state board of education shall consist of the lieutenant governor, the state treasurer, and 11 other members. Not more than two public school employees paid from state or local funds may serve as appointive members of the state board of education. No spouse of any public school employee paid from state or local funds and no spouse of any employee of the department of public instruction may serve as an appointive member of the state board of education. Of the appointive members of the state board of education, one shall be appointed from each of the eight educational districts and three shall be appointed as members at large.
How are members of the state board of education selected? Eleven members of the state board of education are appointed by the governor and confirmed in a joint session in the general assembly.
Constitutional? Yes
Statutory? Yes
Citation N.C.G.S.A. Art. IX, § 5
N.C. Gen. Stat. Ann. § 115C-12
N.C. Gen. Stat. Ann. § 115C-10
Executive-Level Secretary
Does the state have an executive-level secretary? The superintendent of public instruction shall be the secretary and chief administrative officer of the state board of education.
What other duties does the executive-level secretary have? The superintendent of public instruction shall administer all needed rules and regulations adopted by the state board of education through the department of public instruction.
Constitutional? Yes
Statutory? Yes
Citation N.C.G.S.A. Art. IX, § 4
N.C. Gen. Stat. Ann. § 115C-19

© 2019 by the Education Commission of the States (ECS). All rights reserved. ECS is the only nationwide, nonpartisan interstate compact devoted to education. 700 Broadway #810, Denver, CO 80203-3442

To request permission to excerpt part of this publication, either in print or electronically, please contact the Education Commission of the States’ Communications Department at 303.299.3609 or askinner@ecs.org.

Your Education Policy Team  www.ecs.org