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School board authority in North Carolina

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North Carolina state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties North Carolina law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- North Carolina law on school boards' authority over district policy. This section features the statutes in North Carolina law that establish, enable, or define local school district boards.
- Constraints on North Carolina school boards' authority. This section provides an overview of constraints on the school boards' authority in North Carolina. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does North Carolina compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in North Carolina.
School board authority over district policy in North Carolina
Enabling or authorizing statute for the boards of school districts in North Carolina
- See also: Enabling statute
North Carolina Statutes § 115C-40 creates school district boards and gives them authority to operate according to state law:[1]
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North Carolina school boards' powers and duties
North Carolina public school boards of directors are given broad authority over district policy as well as over 70 specific duties or powers to administer the public schools in North Carolina. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:
- adopt a code of ethics
- adopt policies to reduce students' exposure to diesel emissions
- select, procure, and use textbooks not adopted by the North Carolina State Board of Education
The list of powers and duties school district boards are charged with appears in North Carolina Statutes § 115C-47 and are as follows:[3]
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Constraints on North Carolina school boards' authority
This section tracks constraints on school boards specific to North Carolina as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on North Carolina school boards' authority by topic
This section features constraints on North Carolina school boards' authority on policies related to the following topics:
Curriculum requirements
North Carolina requires the following specific topics to be included in each district's curriculum, among others:
- instruction regarding alcohol and drug use prevention[4]
- health education[5]
- reproductive health and safety education beginning in seventh grade[6]
- North Carolina history and geography[7]
- instruction on social media use and its effects[8]
Curriculum restrictions
North Carolina law prohibits K-4 instruction in public schools regarding gender identity, sexual activity, or sexuality. The text of North Carolina Statutes § 115C-76.55 is as follows:[9]
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Book bans, removals, and restrictions
North Carolina school boards have the authority to remove books from school libraries. State law establishes local boards of education as the sole authority regarding supplementary instructional materials, including library books, for their district. School boards have sole authority and discretion to determine whether challenges to library books or curricular material have merit and whether to remove the challenged materials. State law requires school boards to adopt policies requiring each school to maintain an online database of books present at each school library and in each classroom, and allowing parents to identify books that their students are not permitted to borrow.[11][12]
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[13][14][15]
Parental notification
North Carolina requires parental notification in the following circumstances, among others:
- Their students are going to receive reproductive health education. Parents can review the curricular material and opt out of the instruction.[17]
- An employee of the State suspects that a criminal offense has been committed against their student, unless the incident has first been reported to law enforcement or the county child welfare agency, and notification of the parent would impede the investigation.[18]
- Their student has a change of name or pronouns used at school.[18]
- Their student has been suspended.[19]
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[20]
Discipline
North Carolina is one of 47 states that gives school boards authority over district disciplinary policy.
The text of North Carolina Statutes § 115C-390.2 is as follows:[21]
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School board elections
- See also: Rules governing school board election dates and timing in North Carolina, How does North Carolina compare to other states on school board authority over election timing?
North Carolina is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in North Carolina.
Public school choice and open enrollment
- See also: School choice in North Carolina
North Carolina state law allows school boards to admit students residing outside of their district to attend schools in their administrative unit. The boards are authorized to deny applications for interdistrict enrollment on certain grounds, including if students were suspended or expelled from other schools. The text of the North Carolina Statute regarding open enrollment is as follows:[23]
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(a) All students under the age of 21 years who are domiciled in a school administrative unit who have not been removed from school for cause, or who have not obtained a high school diploma, are entitled to all the privileges and advantages of the public schools to which they are assigned by the local boards of education. The assignment of students living in one local school administrative unit or district to a school located in another local school administrative unit or district, shall have no effect upon the right of the local school administrative unit or district to which the students are assigned to levy and collect any supplemental tax heretofore or hereafter voted in that local school administrative unit or district. (a1) Children living in and cared for and supported by an institution established, operated, or incorporated for the purpose of rearing and caring for children who do not live with their parents are considered legal residents of the local school administrative unit in which the institution is located. These children are eligible for admission to the public schools of the local school administrative unit as provided in this section. (a2) It is the policy of the State that every child of a homeless individual and every homeless child and youth has access to a free, appropriate public education. The State Board of Education and every local board of education shall ensure compliance with the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001. A local board of education shall not charge a homeless child or youth tuition for enrollment. An unaccompanied youth or a homeless child's or youth's parent, guardian, or legal custodian may apply to the State Board of Education for a determination of whether a particular local board of education shall enroll the homeless child or youth, and this determination shall be binding on the local board of education, subject to judicial review. (a3) A student who is not a domiciliary of a local school administrative unit may attend, without the payment of tuition, the public schools of that unit if all of the following apply: (1) The student resides with an adult, who is a domiciliary of that unit, as a result of any one of the following: a. The death, serious illness, or incarceration of a parent or legal guardian. b. The abandonment by a parent or legal guardian of the complete control of the student as evidenced by the failure to provide substantial financial support and parental guidance. c. Abuse or neglect by the parent or legal guardian. d. The physical or mental condition of the parent or legal guardian is such that he or she cannot provide adequate care and supervision of the student. e. The relinquishment of physical custody and control of the student by the student's parent or legal guardian upon the recommendation of the department of social services or the Division of Mental Health. f. The loss or uninhabitability of the student's home as the result of a natural disaster. g. The parent or legal guardian is one of the following: 1. Repealed by S.L. 2021-9, § 1(a), eff. April 9, 2021. [See now, (a3)(1)h. of this section.] 2. A member or veteran of the uniformed services who is severely injured and medically discharged or retired, but only for a period of one year after the medical discharge or retirement of the parent or guardian. 3. A member of the uniformed services who dies on active duty or as a result of injuries sustained on active duty, but only for a period of one year after death. For purposes of this sub-sub-subdivision, the term “active duty” is as defined in G.S. 115C-407.5 Assignment under this sub-subdivision is only available if some evidence of the deployment, medical discharge, retirement, or death is tendered with the affidavits required under subdivision (3) of this subsection. h. The parent or legal guardian is on active military duty, and the commanding officer of the parent or legal guardian provides in a signed letter that the parent or legal guardian's military orders prevent the parent or legal guardian from physically residing with the student. Assignment under this sub-subdivision is only available if the signed letter from the commanding officer of the parent or legal guardian is included with the affidavits required under subdivision (3) of this subsection, and the commanding officer indicates the time period that such military orders will be in effect. For purposes of this sub-subdivision, the term “active military duty” does not include periods of active duty for training for less than 30 days. (2) The student is: a. Not currently under a term of suspension or expulsion from a school for conduct that could have led to a suspension or an expulsion from the local school administrative unit, or b. Currently under a term of suspension or expulsion from a school for conduct that could have led to a suspension or an expulsion from the local school administrative unit and is identified as eligible for special education and related services under the Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400, et seq., (2004). Assignment under this sub-subdivision is available only if evidence of current eligibility is tendered with the affidavit required under subdivision (3) of this subsection. (3) The caregiver adult and the student's parent, guardian, or legal custodian have each completed and signed separate affidavits that do all of the following: a. Confirm the qualifications set out in this subsection establishing the student's residency. b. Attest that the student's claim of residency in the unit is not primarily related to attendance at a particular school within the unit. c. Attest that the caregiver adult has been given and accepts responsibility for educational decisions for the student. If the student's parent, guardian, or legal custodian is unable, refuses, or is otherwise unavailable to sign the affidavit, then the caregiver adult shall attest to that fact in the affidavit. If the student is a minor, the caregiver adult must make educational decisions concerning the student and has the same legal authority and responsibility regarding the student as a parent or legal custodian would have even if the parent, guardian, or legal custodian does not sign the affidavit. The minor student's parent, legal guardian, or legal custodian retains liability for the student's acts. Upon receipt of both affidavits or an affidavit from the caregiver adult that includes an attestation that the student's parent, guardian, or legal custodian is unable, refuses, or is otherwise unavailable to sign an affidavit, the local board shall admit and assign as soon as practicable the student to an appropriate school, as determined under the local board's school assignment policy, pending the results of any further procedures for verifying eligibility for attendance and assignment within the local school administrative unit. No requirement of legal guardianship by the caregiver adult shall be required by a local board for a student to qualify for enrollment under this subsection. If it is found that the information contained in either or both affidavits is false, then the local board may, unless the student is otherwise eligible for school attendance under other laws or local board policy, remove the student from school. If a student is removed from school, the board shall provide an opportunity to appeal the removal under the appropriate policy of the local board and shall notify any person who signed the affidavit of this opportunity. If it is found that a person willfully and knowingly provided false information in the affidavit, the maker of the affidavit shall be guilty of a Class 1 misdemeanor and shall pay to the local board an amount equal to the cost of educating the student during the period of enrollment. Repayment shall not include State funds. Affidavits shall include, in large print, the penalty, including repayment of the cost of educating the student, for providing false information in an affidavit. (a4) When a student transfers into the public schools of a local school administrative unit, that local board shall require the student's parent, guardian, or legal custodian to provide a statement made under oath or affirmation before a qualified official indicating whether the student is, at the time, under suspension or expulsion from attendance at a private or public school in this or any other state or has been convicted of a felony in this or any other state. This subsection does not apply to the enrollment of a student who has never been enrolled in or attended a private or public school in this or any other state. (a5) Notwithstanding any other law, a local board may deny admission to or place reasonable conditions on the admission of a student who has been suspended from a school under G.S. 115C-390.5 through G.S. 115C-390.10 or who has been suspended from a school for conduct that could have led to a suspension from a school within the local school administrative unit where the student is seeking admission until the period of suspension has expired. Also, a local board may deny admission to or place reasonable conditions on the admission of a student who has been expelled from a school under G.S. 115C-390.11 or who has been expelled from a school for behavior that indicated the student's continued presence in school constituted a clear threat to the safety of other students or staff as found by clear and convincing evidence, or who has been convicted of a felony in this or any other state. If the local board denies admission to a student who has been expelled or convicted of a felony, the student may request the local board to reconsider that decision in accordance with G.S. 115C-390.12. When a student who has been identified as eligible to receive special education and related services under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq., is denied admission under this subsection, the local board shall provide educational services to the student to the same extent it would if the student were enrolled in the local school administrative unit at the time of the suspension or expulsion, as required by G.S. 115C-107.1(a)(3). (a6) A child who is placed in or assigned to a licensed facility is eligible for admission, without the payment of tuition, to the public schools of the local school administrative unit in which the licensed facility is located. If an agency or person, other than the student's parent or guardian, is the student's legal custodian and if that person or agency placed or assigned the student to a licensed facility under this subsection, then that agency or person must provide in writing to the school the name, address, and phone number of the individual who has authority and the responsibility to make educational decisions for the student. This individual shall reside or be employed within the local school administrative unit and shall provide in writing to the school a signed statement that the individual understands and accepts this authority and responsibility to make educational decisions for the student. If the student's parent or legal guardian retains legal custody of a child who is placed in or assigned to a licensed facility under this subsection, then the requirements of subsection (a3) of this section must be met. (a7) A student who is a resident of a local school administrative unit because the student resides with a parent, guardian, or legal custodian who is a (i) student, employee, or faculty member of a college or university or (ii) visiting scholar at the National Humanities Center is considered domiciled in that unit for purposes of this section. (a8) A student is considered domiciled in a local school administrative unit for purposes of this section if the student resides (i) with a legal custodian who is not the student's parent or guardian and the legal custodian is domiciled in the local school administrative unit, or (ii) in a preadoptive home following placement by a county department of social services or a licensed child-placing agency. (a9) A student who is not a domiciliary of a local school administrative unit shall be permitted to register to enroll in the public schools of that unit by remote means, including electronic means, prior to commencement of the student's residency in the local school administrative unit if all of the following apply: (1) A parent or legal guardian is on active military duty and is transferred or pending transfer pursuant to an official military order to a military installation or reservation in the State. (2) Upon request by the local school administrative unit where the student seeks to register to enroll, a parent or legal guardian provides a copy of the official military order transferring to a military installation or reservation located in the State. (3) A parent or legal guardian completes and submits the local school administrative unit's required enrollment forms and documentation, except that proof of residency and documentation related to disciplinary actions pursuant to G.S. 115C-366(a4) shall not be required until the student transfers into the local school administrative unit, at which time they shall be required prior to commencing attendance. A local school administrative unit shall make available to a student who registers to enroll pursuant to this subsection the same opportunities available to a student enrolled contemporaneously with domicilia, such as requesting or applying for school assignment, registering for courses, and applying for any other programs that require additional request or application. A student enrolled pursuant to this subsection may not attend school in the local school administrative unit until proof of residency is provided in accordance with the requirements of the local school administrative unit. Nothing in this subsection shall be construed to curtail a local school administrative unit's authority pursuant to G.S. 115C-366(a5). (a10) A student who is not a domiciliary of a local school administrative unit shall be permitted to register to enroll in the public schools of that unit if that student resides in that local school administrative unit with a parent, legal guardian, or legal custodian on active military duty who is assigned by official military order to a military installation or reservation in the State. Nothing in this subsection shall be construed to curtail a local school administrative unit's authority pursuant to G.S. 115C-366(a5). (b) Each local board of education shall assign to a public school each student qualified for assignment under this section. Except as otherwise provided by law, the authority of each board of education in the matter of assignment of children to the public schools shall be full and complete, and its decision as to the assignment of any child to any school shall be final. (c) Any child who is qualified under the laws of this State for admission to a public school and who has a place of residence in a local school administrative unit incident to the child's parent's or guardian's service in the General Assembly, other than the local school administrative unit in which the child is domiciled, is entitled to attend school in the local school administrative unit of that residence as if the child were domiciled there, subject to the payment of applicable out-of-county fees in effect at the time. (d) A student domiciled in one local school administrative unit may be assigned either with or without the payment of tuition to a public school in another local school administrative unit upon the terms and conditions agreed to in writing between the local boards of education involved and entered in the official records of the boards. The assignment shall be effective only for the current school year, but may be renewed annually in the discretion of the boards involved. (e) The boards of education of adjacent local school administrative units may operate schools in adjacent units upon written agreements between the respective boards of education and approval by the county commissioners and the State Board of Education. (f) This section shall not be construed to allow students to transfer from one local school administrative unit to another for athletic participation purposes in violation of eligibility requirements adopted by the State Board of Education. (g) Any local school administrative unit may use the actual address of a program participant for any purpose related to admission or assignment under this Article as long as the address is kept confidential from the public under Chapter 15C of the General Statutes. The substitute address designated by the Attorney General under the Address Confidentiality Program shall not be used as an address for admission or assignment purposes. (h) The following definitions apply in this section: (1) Abused or neglected.--A student is considered abused or neglected if there has been an adjudication of that issue. The State Board may adopt an additional definition of abuse and neglect, and that definition also shall apply to this section. (2) Caregiver adult.--The adult with whom the child resides. For children placed or assigned in a licensed facility, a caregiver adult also may be the child's caretaker, foster parent, or other clearly identifiable adult who resides in the county where the licensed facility is located. (3) Educational decisions.--Decisions or actions recommended or required by the school concerning the student's academic course of study, extracurricular activities, and conduct. These decisions or actions include enrolling the student, receiving and responding to notices of discipline under G.S. 115C-390.5 through G.S. 115C-390.12, attending conferences with school personnel, granting permission for school-related activities, granting permission for emergency medical care, receiving and taking appropriate action in connection with student records, and any other decisions or actions recommended or required by the school in connection to that student. (4) Facility.--A group home, a family foster home as defined in G.S. 131D-10.2(8), or a therapeutic foster home as defined in G.S. 131D-10.2(14). (5) Homeless.--Individuals who lack a fixed, regular, and adequate nighttime residence or are included in the definition of homeless children and youths in the McKinney-Vento Homeless Education Assistance Improvements Act of 2001. The term does not include persons who are imprisoned or otherwise detained pursuant to federal or State law. (6) Legal custodian.--The person or agency that has been awarded legal custody of the student by a court. (7) Licensed facility.--A facility licensed under Article 2 of Chapter 122C of the General Statutes or under Article 1A of Chapter 131D of the General Statutes. (8) McKinney-Vento Homeless Education Assistance Improvements Act of 2001.--20 U.S.C. § 11431, et seq., as amended, and federal regulations adopted under this act. (9) Program participant.--An individual accepted into the Address Confidentiality Program under Chapter 15C of the General Statutes. (10) Unaccompanied youth.--Youths who are not in the physical custody of a parent or guardian as defined in the McKinney-Vento Homeless Education Assistance Improvements Act of 2001. [2] |
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Charter schools
- See also: Charter schools in North Carolina, How does North Carolina compare to other states on school board authority over charter schools?
North Carolina is one of 10 states that do not give local school boards any authority over whether charter schools are issued in their district.
The North Carolina Charter Schools Advisory Board reviews charter school applications and advises the North Carolina State Board of Education regarding the decision to accept or deny the charter school.[24]
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§ 115C-218. Purpose of charter schools; role of State Board of Education; establishment of North Carolina Charter Schools Review Board and North Carolina Office of Charter Schools. (a) Purpose of Charter Schools. – The purpose of this Article is to authorize a system of charter schools to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently of existing schools, as a method to accomplish all of the following: (1) Improve student learning; (2) Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are identified as at risk of academic failure or academically gifted; (3) Encourage the use of different and innovative teaching methods; (4) Create new professional opportunities for teachers, including the opportunities to be responsible for the learning program at the school site; (5) Provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system; and (6) Hold the schools established under this Article accountable for meeting measurable student achievement results, and provide the schools with a method to change from rule-based to performance-based accountability systems. (a1) State Board of Education. – The State Board of Education shall have the following duties regarding charter schools: (1) Rulemaking. – To establish all rules for the operation and approval of charter schools. Any rule adopted by the State Board shall first be recommended by the Charter Schools Review Board. (2) Funding. – To allocate funds to charter schools. (3) Appeals. – To hear appeals from decisions of the Charter Schools Review Board under G.S. 115C-218.9. (4) Accountability. – To ensure accountability from charter schools for school finances and student performance. (b) North Carolina Charter Schools Review Board. – (1) Review Board. – There is created the North Carolina Charter Schools Review Board, hereinafter referred to in this Article as the Review Board. The Review Board shall be located administratively within the Department of Public Instruction and shall report to the State Board of Education. (2) Membership. – The State Superintendent of Public Instruction, or the Superintendent's designee, shall be the secretary of the Review Board and a nonvoting member. The Review Board shall consist of the following 11 voting members: a. Repealed by Session Laws 2016-126, 4th Ex. Sess., s. 17, effective January 1, 2017. b. Four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, in accordance with G.S. 120-121. c. Four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, in accordance with G.S. 120-121. d. Two members appointed by the State Board of Education who are not current members of the State Board of Education and who are charter school advocates in North Carolina. e. The Lieutenant Governor or the Lieutenant Governor's designee. (3) Covered board. – The Review Board shall be treated as a board for purposes of Chapter 138A of the General Statutes. (4) Qualifications of members. – Members appointed to the Review Board shall collectively possess strong experience and expertise in public and nonprofit governance, management and finance, assessment, curriculum and instruction, public charter schools, and public education law. All appointed members of the Review Board shall have demonstrated an understanding of and a commitment to charter schools as a strategy for strengthening public education. (5) Terms of office and vacancy appointments. – Appointed members shall serve four-year terms of office beginning on July 1. No appointed member shall serve more than eight consecutive years. Vacancy appointments shall be made by the appointing authority for the remainder of the term of office. (6) Presiding officers and quorum. – The Review Board shall annually elect a chair and a vice-chair from among its membership. The chair shall preside over the Review Board's meetings. In the absence of the chair, the vice-chair shall preside over the Review Board's meetings. A majority of the Review Board constitutes a quorum. (7) Meetings. – Meetings of the Review Board shall be held upon the call of the chair or the vice-chair with the approval of the chair. (8) Expenses. – Members of the Review Board shall be reimbursed for travel and subsistence expenses at the rates allowed to State officers and employees by G.S. 138-6(a). (9) Removal. – Any appointed member of the Review Board may be removed by a vote of at least two-thirds of the members of the Review Board at any duly held meeting for any cause that renders the member incapable or unfit to discharge the duties of the office. (10) Powers and duties. – The Review Board shall have the following duties: a. To propose, recommend, and approve rules and policies regarding all aspects of charter school operation, including timelines, processes, standards, and criteria for acceptance and approval of applications, monitoring of charter schools, and grounds for revocation of charters. b. To review and approve or deny charter applications, renewals, and revocations. c. To make recommendations to the State Board on actions before the State Board on appeal under G.S. 115C-218.9. d. To undertake any other duties and responsibilities as assigned by the State Board. e. To conduct hearings and make findings and recommendations pursuant to subdivision (a1)(5) of this section. f. To contract for and employ legal counsel, including private counsel, to advise, represent, and provide litigation services to the Review Board, without the need to obtain permission or approval pursuant to G.S. 114-2.3 or G.S. 147-17. (11) Duties of the chair of the Review Board. – In addition to any other duties prescribed in this Article, the chair of the Review Board, or the chair's designee, shall advocate for the recommendations of the Review Board at meetings of the State Board. (c) North Carolina Office of Charter Schools. – (1) Establishment of the North Carolina Office of Charter Schools. – There is established the North Carolina Office of Charter Schools, hereinafter referred to in this Article as the Office of Charter Schools. The Office of Charter Schools shall be administratively located in the Department of Public Instruction. The Office of Charter Schools shall consist of an executive director appointed by the Superintendent of Public Instruction and such other professional, administrative, technical, and clerical personnel as may be necessary to assist the Office of Charter Schools in carrying out its powers and duties. (2) Executive Director. – The Executive Director shall report to and serve at the pleasure of the Review Board at a salary established by the Review Board within the funds appropriated for this purpose. The duties of the Executive Director shall include presenting the recommendations and decisions of the Review Board at meetings of the State Board. (3) Powers and duties. – The Office of Charter Schools shall have the following powers and duties: a. Serve as staff to the Review Board and fulfill any task and duties assigned to it by the Review Board. b. Provide technical assistance and guidance to charter schools operating within the State. c. Provide technical assistance and guidance to nonprofit corporations seeking to operate charter schools within the State. d. Provide or arrange for training for charter schools that have received preliminary approval from the Review Board. e. Assist approved charter schools and charter schools seeking approval from the Review Board in coordinating services with the Department of Public Instruction. e1. Assist certain charter schools seeking to participate in the NC prekindergarten program in accordance with G.S. 115C-218.115. f. Other duties as assigned by the State Board. (4) Agency cooperation. – All State agencies and departments shall cooperate with the Office of Charter Schools in carrying out its powers and duties as necessary in accordance with this Article. [2] |
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Cellphone bans
North Carolina is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. Governor Josh Stein (D) signed H959 on July 1, 2025, requiring local school boards to adopt policies prohibiting cellphone use in schools, with exceptions for individualized education plans, curricular activities authorized by a teacher, or student health care management. The bill also required students to be instructed on social media and mental health in elementary, middle, and high schools, and included restrictions on what students could access on internet devices at school.[8]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[25][26]
North Carolina school boards are not legally allowed to engage in collective bargaining with school employees.[27]
Parents' bill of rights
North Carolina is one of 26 states that has a Parents' Bill of Rights.
The statute holds that parents have the right to review all education records pertaining to their children, to enroll their children in public or private school, and to access all medical records of their children, among other provisions. The text is as follows:[18]
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Article 29F. Parents' Bill of Rights. The following definitions apply in this Article:
§§ 115C-407.71 through 115C-407.72. Reserved for future codification purposes. § 115C-407.73. Parents' bill of rights. A parent has the right to the following:
(6) To access and review all medical records of his or her child, as authorized by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), P.L. 104-191, as amended, except as follows:
(7) To prohibit the creation, sharing, or storage of a biometric scan of his or her child without the parent's prior written consent, except as authorized pursuant to a court order or otherwise required by law, including G.S. 7B-2102 and G.S. 7B-2201. (8) To prohibit the creation, sharing, or storage of his or her child's blood or deoxyribonucleic acid (DNA) without the parent's prior written consent, except as authorized pursuant to a court order or otherwise required by law, including G.S. 7B-2201. (9) To prohibit the creation by the State of a video or voice recording of his or her child without the parent's prior written consent, except a recording made in the following circumstances:
(10) To be promptly notified if an employee of the State suspects that a criminal offense has been committed against his or her child, unless the incident has first been reported to law enforcement or the county child welfare agency, and notification of the parent would impede the investigation. §§ 115C-407.74 through 115C-407.75. Reserved for future codification purposes. § 115C-407.76. Limitations on the right to parent. (a) The requirements of this Article do not authorize a parent to do any of the following:
(b) The requirements of this Article do not prohibit the following:
§§ 115C-407.77 through 115C-407.78. Reserved for future codification purposes. § 115C-407.79. Employee penalties. An employee of the State who encourages, coerces, or attempts to encourage or coerce a child to withhold information from his or her parent may be subject to disciplinary action. § 115C-76.25. Parent legal rights for their child's education. (a) Parents have legal rights with regards to their child's education, including the following: (1) The right to consent or withhold consent for participation in reproductive health and safety education programs, consistent with the requirements of G.S. 115C-81.30. (2) The right to seek a medical or religious exemption from immunization requirements, consistent with the requirements of G.S. 130A-156 and G.S. 130A-157. (3) The right to review statewide standardized assessment results as part of the State report card. (4) The right to request an evaluation of their child for an academically or intellectually gifted program, or for identification as a child with a disability, as provided in Article 9 of this Chapter. (5) The right to inspect and purchase public school unit textbooks and other supplementary instructional materials, as provided in Part 3 of Article 8 of this Chapter. (6) The right to access information relating to the unit's policies for promotion or retention, including high school graduation requirements. (7) The right to receive student report cards on a regular basis that clearly depict and grade the student's academic performance in each class or course, the student's conduct, and the student's attendance. (8) The right to access information relating to the State public education system, State standards, report card requirements, attendance requirements, and textbook requirements. (9) The right to participate in parent-teacher organizations. (10) The right to opt in to certain data collection for their child, as provided in Part 5 of this Article and Article 29 of this Chapter. (11) The right for students to participate in protected student information surveys only with parental consent, as provided in Part 5 of this Article. (12) The right to review all available records of materials their child has borrowed from a school library. (b) Public school units shall (i) allow parents to exercise these rights and (ii) make the rights contained in this section available to parents electronically or by displaying the information on the website of the public school unit.[2] |
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How does North Carolina compare to other states?
This section compares North Carolina's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-three (23) states have no laws regulating the curation of school library books. Twenty-seven (27) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Eleven states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Nine states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[28]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- North Carolina requires online library catalogue, parental discretion over books students can borrow (2025): The North Carolina General Assembly overrode Governor Josh Stein (D)'s veto to enact House Bill (HB) 805, requiring school boards to adopt policies requiring each school to maintain an online database of books present at each school library and in each classroom, and allowing parents to identify books that their students are not permitted to borrow, among other provisions. These provisions will take effect on December 1, 2025.[29]
- North Carolina adopts K-12 cellphone ban (2025): Governor Josh Stein (D) signed H959 on July 1, 2025, requiring local school boards to adopt policies prohibiting cellphone use in schools, with exceptions for individualized education plans, curricular activities authorized by a teacher, or student health care management. The bill also required students to be instructed on social media and mental health in elementary, middle, and high schools, and included restrictions on what students could access on internet devices at school.[8]
- North Carolina Department of Public Instruction (NCDPI) releases guidebook for classroom AI use (2024): NCDPI released a guidebook on AI use in public school classrooms on January 16, 2024, that recommended AI be "infused into all grade levels and all curriculum areas," according to the guidebook. The guidebook argued that responsible AI use could help students be more competitive in the job market. As of the time of the guidebook’s publication, NCDPI was one of four state education departments to release guidance for classroom AI use, according to the guidebook.[30][31]
- North Carolina legislature overrides governor veto of K-3 LGBTQ+ curriculum ban (2023): North Carolina Governor Roy Cooper (D) vetoed SB 49, titled the Parents' Bill of Rights, on July 5, 2023, and both the North Carolina Senate and North Carolina House of Representatives overrode the veto on August 16, 2023. The bill proposed prohibiting curriculum on “gender identity, sexual activity, or sexuality” in elementary schools, according to the text. The bill also proposed requiring parental notification before “any changes in the name or pronoun used for a student.” The initial version of the bill, titled the Parents’ Bill of Rights, proposed requiring K-12 public schools and local school boards to adopt procedures to notify parents of changes in their child’s mental or physical health. The Senate amendment proposed prohibiting the inclusion of LGBTQ curriculum in kindergarten through third grade but would not prohibit conversations about sexuality in classrooms. The bill was reintroduced as SB 49 during the 2023-2024 legislative session and passed the North Carolina State Senate on February 7, 2023. The bill took effect in the 2023-2024 school year.[32][33]
- North Carolina lawmakers aim to ban teaching divisive concepts in public schools (2023): The North Carolina House of Representatives on March 22, 2023, passed a bill that aimed to prohibit public schools from promoting that “one race or sex is inherently superior to another race or sex” or that individuals “by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress,” according to the text of the bill. HB 187 passed the House with a vote of 68-49 along party lines and moved to the Senate for consideration, but Senators did not act on the bill before the legislative session ended.[34][35]
- North Carolina school board approves new LGBTQ and gender identity policy (2022): The Durham Public School Board of Education in North Carolina approved a policy on December 9, 2022, regarding the district’s approach to gender identity policies.[36] Titled “LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Allied/Asexual+) and Gender Supports Policy,” the policy stated that it seeks to “maintain a safe and supportive school environment for all students and staff.” It proposed mandating in part that an individual’s preferred name and gender be included on unofficial records and allowing students to participate on sports teams that align with their gender identity. The policy also proposed requiring principals within the district to make staff aware of what the district considered appropriate training related to LGBTQ support.[36]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
- Ballotpedia:Index of Contents
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Footnotes
- ↑ Justia, "§ 115C-40. Board a body corporate." accessed March 14, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Justia, "Powers and duties generally." accessed March 14, 2025
- ↑ Justia, "§ 115C-81.20. Alcohol and drug use prevention education." accessed March 18, 2025
- ↑ Justia, "§ 115C-81.25. Health education." accessed March 18, 2025
- ↑ Justia, "§ 115C-81.30. Reproductive health and safety education provided by local school administrative units." accessed March 18, 2025
- ↑ Justia, "§ 115C-81.40. North Carolina history and geography." accessed March 18, 2025
- ↑ 8.0 8.1 8.2 North Carolina Legislature, "H959," accessed July 2, 2025
- ↑ Justia, "§ 115C-76.55. Age-appropriate instruction for grades kindergarten through fourth grade." accessed March 18, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ North Carolina Legislature, "House Bill 805 / SL 2025-84," accessed July 30, 2025
- ↑ Justia, "§ 115C-98. Local boards of education to provide for local operation of the textbook program, the selection and procurement of other instructional materials, and the use of nonadopted textbooks." accessed March 18, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ Justia, "§ 115C-81.30. Reproductive health and safety education provided by local school administrative units." accessed March 18, 2025
- ↑ 18.0 18.1 18.2 Legiscan, "Parents' Bill of Rights." accessed March 18, 2025
- ↑ National Center for Safe Supportive Learning Environments, "North Carolina School Discipline Laws & Regulations: Parental Notification," accessed March 18, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
- ↑ Justia, "§ 115C-390.2. Discipline policies." accessed March 14, 2025
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ FindLaw, "Elementary and Secondary Education § 115C-366. Assignment of student to a particular school," accessed March 18, 2025
- ↑ Justia, "§ 115C-218. Purpose of charter schools; role of State Board of Education; establishment of North Carolina Charter Schools Review Board and North Carolina Office of Charter Schools." accessed March 14, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ [https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_95/Article_12.pdf North Carolina Legislature, "§ 95‑98. Contracts between units of government and labor unions, trade unions or labor organizations concerning public employees declared to be illegal." accessed March 18, 2025]
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ North Carolina Legislature, "House Bill 805 / SL 2025-84," accessed July 30, 2025
- ↑ EdNC, "N.C. DPI releases guidebook on the use of AI in schools," January 30, 2024.
- ↑ North Carolina Department of Public Instruction, "North Carolina Generative AI Implementation Recommendations and Considerations for PK-13 Public Schools," January 30, 2024.
- ↑ North Carolina General Assembly, "Senate Bill 49 / SL 2023-106," June 6, 2024
- ↑ Yahoo News, "NC parents’ rights bill includes LGBTQ curriculum ban in K-3," May 25, 2022
- ↑ WRAL News, "NC Republicans pass anti-CRT bill to limit how schools teach race, American history," March 22, 2023
- ↑ North Carolina General Assembly, "House Bill 187," accessed April 7, 2023
- ↑ 36.0 36.1 ABC 11, "Durham Public School Board announced new policy to provide more support for LGBTQ students and staff," December 9, 2022