North Carolina Department of Justice
North Carolina Department of Justice
North Carolina Department of Justice
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REPLY TO: Thomas J. Ziko Education Section Telephone: (919) 716-6920 FAX: (919) 716-6764

July 26, 1999

Leslie Winner Charlotte-Mecklenburg Board of Education Post Office Box 30035 Charlotte, North Carolina 28230-0035

RE: Advisory Opinion; Filling Vacant State Funded Teaching Positions;

G. S. § 115C-36

Dear Ms. Winner:

On July 7, 1999, you wrote to request an opinion from this office regarding the legality of certain administrative practices in the Charlotte Mecklenburg Schools (CMS). When an employee paid from a state funded position ceases to be employed with CMS, it has been CMS’s practice to “transfer” a qualified employee previously paid with local funds to the vacant state funded position and, thereafter, pay that employee with state funds. As a result of this practice, CMS is able to minimize the time that state positions remain vacant and thereby maximize its use of state funds. You have asked whether there are any laws prohibiting CMS from “transferring” qualified employees from locally funded positions to state funded positions in order to maximize its use of state funds. It is our opinion that the decision to pay qualified employees from state or local funds is a matter within CMS’s authority and that there are no laws that prohibit CMS from continuing this practice.

Pursuant to G.S. § 115C-36, “All powers and duties conferred and imposed by law respecting public schools, which are not expressly conferred and imposed upon some other official, are conferred and imposed upon local boards of education.” Further, this statute gives local boards “general control and supervision of all matters pertaining to the public schools in their respective administrative units.” See also G. S. § 115C-40. No statute or administrative Leslie Winner Charlotte-Mecklenburg Board of Education July 26, 1999 Page 2

rule in any respect limits the discretion of local school boards in assigning certified teachers to state or locally funded positions or gives that power to any other entity or official. Accordingly, in our opinion the power to assign teachers to either state or locally funded positions rests with local boards of education, and CMS’s practice in this regard is lawful.

If we can be of assistance with any other matter, please call.

Very truly yours,

Grayson G. Kelley Senior Deputy Attorney General

Thomas J. Ziko

Special Deputy Attorney General TJZ:nak