School district creation, abolishment and reorganization in North Carolina: A legal history

This study provides educators, politicians and laypersons with adequate information regarding the creation, abolishment and reorganization of school districts in North Carolina. There were two major purposes of this study. One was to compare the historical and legal principles of school district organization produced by the state Constitution, general statutes and case law. The second purpose was to provide information that would enhance efforts to produce significant and equal educational opportunities for all students of the state.;An effort was made to (1) reach a consensus about the importance and relevance of school district organization, (2) draw conclusions about the legal aspects of school district organization, and (3) make recommendations for future studies concerning school district creation, abolishment, and alteration in North Carolina.;Based upon the analysis of the data, the following conclusions are drawn: (1) The legal elements for the creation, alteration or abolishment of school districts are found in the state Constitution, in the general statutes, and in the common law taken from court decisions. (2) In 1988 school districts are used for administrative and attendance purposes only. It has no independence of action, no individuality or personality. (3) During most of the 19th and 20th centuries the legal responsibility to create, alter or abolish school districts was with the state legislature. However, the state legislature no longer has the direct authority to deal with the organization of school districts. (4) The state legislature has delegated the power to organize school districts to the State Board of Education. This authority to create, alter, divide or merge school districts has been indirectly vested in the local boards of education, but any action they take is subject to existing statutory provisions and to the approval of the State Board of Education. (5) School district creation, alteration or abolishment is a never-ending, complex task filled with emotion and uncertainty. Boards of education must continuously update or change their district arrangements due to population shifts and legal requirements. (6) Local boards of education may organize school districts with or without the approval of the people affected by such action. (Abstract shortened with permission of author.).