Can a NC county board of commissioners undo a school district merger plan after it has been approved by the State Board of Education?

Plain-English summary

The Alamance County Board of Commissioners adopted a plan merging the Alamance County and Burlington City school systems effective July 1, 1996. The State Board of Education approved it. The county board then asked whether it could rescind the plan.

The AG answered no. The opinion quotes G.S. 115C-67: "Upon approval by the State Board of Education, the plan of consolidation and merger shall become final and shall be deemed to have been made by authority of law and shall not be changed or amended except by an act of the General Assembly." The AG concluded that neither the county board nor the State Board could rescind this approved plan. The power rested exclusively with the General Assembly.

The opinion addresses this approved plan. It does not discuss what a county could do before State Board approval or whether anyone could challenge an approval in court.

Currency note

This opinion addresses an approved merger plan under the statutes cited in the 1994 letter. Check current merger statutes and any later authority for a present question.

Background and statutory framework

The county board adopted the Alamance plan under the authority cited in the opinion as G.S. 115-25.1. The opinion also cites G.S. 115C-68.1(c) on preparing and approving a plan. Its conclusion rests on the quoted finality language of G.S. 115C-67.

Common questions

Q: Can a county board rescind a school merger plan after State Board approval?
A: The AG said the Alamance County Board could not rescind the approved plan. Under the quoted statute, only an act of the General Assembly could change or amend it.

Q: Can the State Board of Education undo its approval?
A: The AG concluded that the State Board also lacked power to rescind this approved plan.

Q: What if the plan has not yet been approved?
A: This opinion does not address a plan awaiting State Board approval. Its finality analysis begins after that approval.

Q: Did the opinion decide whether citizens can sue over a merger?
A: No. It answers the county board's question about rescission of an already approved plan and does not discuss judicial challenges.

Citations from the opinion

• G.S. 115-25.1 (county authority as cited in the opinion)
• G.S. 115C-68.1(c) (plan preparation and approval)
• G.S. 115C-67 (finality of an approved plan)

Source

• Landing page: https://ncdoj.gov/opinions/power-of-board-of-county-commissioners-to-rescind-merger-plan/

Original opinion text

This past year the Alamance County Board of Commissioners adopted a plan merging the Alamance County School System and the Burlington City School System effective July 1, 1996. This plan was adopted pursuant to the authority vested in the Board of County Commissioners by G.S. 115-25.1, and was subsequently approved by the State Board of Education. On behalf of the Board of County Commissioners you have asked if that merger plan may now be rescinded.

A merger plan adopted by a board of county commissioners must be prepared and approved in accordance with G.S. 115-67." G.S. 115C-68.1(c). G.S. 115C-67 specifically provides: "Upon approval by the State Board of Education, the plan of consolidation and merger shall become final and shall be deemed to have been made by authority of law and shall not be changed or amended except by an act of the General Assembly."

Based on these plain words, it is our opinion that neither the Alamance County Board of Commissioners nor the State Board of Education has the power to rescind the merger plan. That power rests exclusively with the General Assembly.

Edwin M. Speas, Jr., Senior Deputy Attorney General