North Carolina General Statutes Chapter 115D Community Colleges

Article 1 - General Provisions for State Administration.

N.C. Gen. Stat. § 115D-1. Statement of purpose
The purposes of this Chapter are to provide for the establishment, organization, and administration of a system of educational institutions throughout the State offering...
N.C. Gen. Stat. § 115D-1.1. Repealed by Session Laws 2011-145, s. 7.1A(f), effective January 1, 2012
N.C. Gen. Stat. § 115D-1.2. Repealed by Session Laws 2011-145, s. 7.1A(f), effective January 1, 2012
N.C. Gen. Stat. § 115D-1.3. Accreditation of secondary school located in North Carolina shall not be a factor in admissions, loans, scholarships, or other educational policies
(a) For purposes of this section, the term "accreditation" shall include certification or any other similar approval process. (b) The State Board of Community...
N.C. Gen. Stat. § 115D-2. Definitions
As used in this Chapter: (1) The "administrative area" of an institution comprises the county or counties directly responsible for the local financial support...
N.C. Gen. Stat. § 115D-2.1. State Board of Community Colleges
(a) The State Board of Community Colleges is established. (b) The State Board of Community Colleges shall consist of 21 members, as follows: (1)...
N.C. Gen. Stat. § 115D-3. Community Colleges System Office; staff
The Community Colleges System Office shall be a principal administrative department of State government under the direction of the State Board of Community Colleges,...
N.C. Gen. Stat. § 115D-4. Establishment of institutions
The establishment of all community colleges shall be subject to the approval of the General Assembly upon recommendation of the State Board of Community...
N.C. Gen. Stat. § 115D-4.1. College transfer program approval; standards for programs
(a) Repealed by Session Laws 1995, c. 288, s. 1, effective September 1, 1995. (b) The State Board of Community Colleges may approve the...
N.C. Gen. Stat. § 115D-5. Administration of institutions by State Board of Community Colleges; personnel exempt from North Carolina Human Resources Act; extension courses; tuition waiver; in-plant training; contracting, etc., for establishment and operation of extension units of the community college system; use of existing public school facilities
(a) The State Board of Community Colleges may adopt and execute such policies, regulations and standards concerning the establishment, administration, and operation of institutions...
N.C. Gen. Stat. § 115D-5.1. Workforce Development Programs
(a) Community colleges shall assist in the preemployment and in-service training of employees in industry, business, agriculture, health occupation and governmental agencies. Such training...
N.C. Gen. Stat. § 115D-6. Withdrawal of State support
The State Board of Community Colleges may withdraw or withhold State financial and administrative support of any institutions subject to the provisions of this...
N.C. Gen. Stat. § 115D-7. Establishment of private, nonprofit corporations
The State Board of Community Colleges shall encourage the establishment of private, nonprofit corporations to support the community college system. The President of the...
N.C. Gen. Stat. § 115D-8. Repealed by Session Laws 1999-84, s. 4
N.C. Gen. Stat. § 115D-9. Powers of State Board regarding certain fee negotiations, contracts, and capital improvements
(a) The expenditures of any State funds for any capital improvements of existing institutions shall be subject to the prior approval of the State...
N.C. Gen. Stat. § 115D-10. Reserved for future codification purposes
N.C. Gen. Stat. § 115D-11. Reserved for future codification purposes

Article 2 - Local Administration.

N.C. Gen. Stat. § 115D-12. Each institution to have board of trustees; selection of trustees
(a) Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees consisting of 13 members, or...
N.C. Gen. Stat. § 115D-13. Terms of office of trustees
(a) The regular terms of trustees appointed in 1981 and trustees appointed in 1987 shall be extended for one year. The term of one...
N.C. Gen. Stat. § 115D-14. Board of trustees a body corporate; corporate name and powers; title to property
The board of trustees of each institution shall be a body corporate with powers to enable it to acquire, hold, and transfer real and...
N.C. Gen. Stat. § 115D-15. Sale, exchange or lease of property; use of proceeds from donated property
(a) The board of trustees of any institution organized under this Chapter may, with the prior approval of the North Carolina Community Colleges System...
N.C. Gen. Stat. § 115D-15.1. Disposition, acquisition, and construction of property by community college
(a) Disposition. - Notwithstanding the provisions of G.S. 115D-14, 115D-15, and 160A-274, the board of trustees of a community college may, in connection with...
N.C. Gen. Stat. § 115D-16. Elective officials serving as trustees
The office of trustee of any institution established or operated pursuant to this Chapter is hereby declared to be an office which may be...
N.C. Gen. Stat. § 115D-17. Compensation of trustees
Trustees shall receive no compensation for their services but shall receive reimbursement, according to regulations adopted by the State Board of Community Colleges, for...
N.C. Gen. Stat. § 115D-18. Organization of boards; meetings
At the first meeting after its selection, each board of trustees shall elect from its membership a chairman, who shall preside at all board...
N.C. Gen. Stat. § 115D-19. Removal of trustees
(a) Should the State Board of Community Colleges have sufficient evidence that any member of the board of trustees of an institution is not...
N.C. Gen. Stat. § 115D-20. Powers and duties of trustees
The trustees of each institution shall constitute the local administrative board of such institution, with such powers and duties as are provided in this...
N.C. Gen. Stat. § 115D-20.1. Policy prohibiting tobacco use in community college buildings, grounds, and at community college-sponsored events
(a) As used in this section: (1) "Tobacco product" includes cigarettes, cigars, blunts, bidis, pipes, chewing tobacco, snus, snuff, and any other items containing...
N.C. Gen. Stat. § 115D-21. Traffic regulations; fines and penalties
(a) All of the provisions of Chapter 20 of the General Statutes relating to the use of highways of the State of North Carolina...
N.C. Gen. Stat. § 115D-21.1. Campus law enforcement agencies
(a) The board of trustees of any community college may establish a campus law enforcement agency and employ campus police officers. These officers shall...
N.C. Gen. Stat. § 115D-22. State Retirement System for Teachers and State Employees; social security
Solely for the purpose of applying the provisions of Chapter 135 of the General Statutes of North Carolina, "Retirement System for Teachers and State...
N.C. Gen. Stat. § 115D-23. Workers' Compensation Act applicable to institutional employees
The provisions of Chapter 97 of the General Statutes of North Carolina, the Workers' Compensation Act, shall apply to all institutional employees. The State...
N.C. Gen. Stat. § 115D-24. Waiver of governmental immunity from liability for negligence of agents and employees of institutions; liability insurance
The board of trustees of any institution, by obtaining liability insurance as provided in G.S. 115D-53, is authorized to waive its governmental immunity from...
N.C. Gen. Stat. § 115D-25. Purchase of annuity or retirement income contracts for employees
Notwithstanding any provision of law relating to salaries or salary schedules for the pay of faculty members, administrative officers, or any other employees of...
N.C. Gen. Stat. § 115D-25.1. Dependent care assistance program
The State Board of Community Colleges is authorized to provide eligible employees of constituent institutions a program of dependent care assistance as available under...
N.C. Gen. Stat. § 115D-25.2. Flexible Compensation Plan
Notwithstanding any other provisions of law relating to the salaries of employees of community college boards of trustees, the State Board of Community Colleges...
N.C. Gen. Stat. § 115D-25.3. Voluntary shared leave
The State Board of Community Colleges, in cooperation with the State Board of Education and the State Human Resources Commission, shall adopt rules and...
N.C. Gen. Stat. § 115D-26. Conflict of interest
All local trustees and employees of community colleges covered under this Chapter are subject to the conflict of interest provisions found in G.S. 14-234....

Article 2A - Privacy of Employee Personnel Records.

N.C. Gen. Stat. § 115D-27. Personnel files not subject to inspection
Personnel files of employees of boards of trustees, former employees of boards of trustees, or applicants for employment with boards of trustees shall not...
N.C. Gen. Stat. § 115D-28. Certain records open to inspection
(a) Each board of trustees shall maintain a record of each of its employees, showing the following information with respect to each employee: (1)...
N.C. Gen. Stat. § 115D-29. Confidential information in personnel files; access to information
(a) All information contained in a personnel file, except as otherwise provided in this Article, is confidential and shall not be open for inspection...
N.C. Gen. Stat. § 115D-30. Remedy of employee objecting to material in file
An employee, former employee or applicant for employment who objects to material in his file may place in his file a statement relating to...

Article 3 - Financial Support.

N.C. Gen. Stat. § 115D-31. State financial support of institutions
(a) The State Board of Community Colleges shall be responsible for providing, from sources available to the State Board, funds to meet the financial...
N.C. Gen. Stat. § 115D-31.1. Liability insurance
Notwithstanding the provisions of G.S. 115D-32(a)(2)b2 and any other provision of the law to the contrary, boards of trustees of all institutions in this...
N.C. Gen. Stat. § 115D-31.2. Maintenance of plant
Notwithstanding any provisions of law to the contrary, any community college that has an out-of-county student head count served on the main campus of...
N.C. Gen. Stat. § 115D-31.3. Institutional performance accountability
(a) Implementation of Accountability Measures and Performance Standards. - The State Board of Community Colleges shall adopt and implement a system of accountability measures...
N.C. Gen. Stat. § 115D-32. Local financial support of institutions
(a) The tax-levying authority of each institution shall be responsible for providing, in accordance with the provisions of G.S. 115D-33 or 115D-34, as appropriate,...
N.C. Gen. Stat. § 115D-33. Providing local public funds for institutions established under this Chapter; elections
(a) Except as provided in G.S. 115D-34, the tax-levying authority of an institution may provide for local financial support of the institution as follows:...
N.C. Gen. Stat. § 115D-34. Providing local public funds for institutions previously established
(a) For counties in which, immediately prior to the enactment of this Chapter, there was in operation or authorized a public community college or...
N.C. Gen. Stat. § 115D-35. Requests for elections to provide funds for institutions
(a) Formal requests for elections on the question of authority to appropriate nontax revenues or levy special taxes, or both, and to issue bonds,...
N.C. Gen. Stat. § 115D-36. Elections on question of the addition of a college transfer program at an institution and issuance of bonds therefor
Whenever the board of trustees of an institution requests the State Board of Community Colleges to authorize the addition of a college transfer program,...
N.C. Gen. Stat. § 115D-37. Payment of expenses of special elections under Chapter
The cost of special elections held under the authority of this Chapter in connection with the establishment of an institution shall be paid out...
N.C. Gen. Stat. § 115D-38. Authority to issue bonds and notes, to levy taxes and to appropriate nontax revenues
Counties are authorized to issue bonds and notes and to levy special taxes to meet payments of principal and interest on such bonds or...
N.C. Gen. Stat. § 115D-39. Student tuition and fees
(a) The State Board of Community Colleges shall fix and regulate all tuition and fees charged to students for applying to or attending any...
N.C. Gen. Stat. § 115D-39.1. Tuition surcharge
(a) Notwithstanding the provisions of G.S. 115D-39.1(a), a community college may, with the approval of the State Board of Community Colleges: (1) Implement a...
N.C. Gen. Stat. § 115D-40. Repealed by Session Laws 1999-237, s.9.4(c)
N.C. Gen. Stat. § 115D-40.1. Financial Assistance for Community College Students
(a) Need-Based Assistance Program. - It is the intent of the General Assembly that the Community College System make these financial aid funds available...
N.C. Gen. Stat. § 115D-40.2. Semester limitation on eligibility for North Carolina Community College grants
(a) Except as otherwise provided by this section, a student shall not receive a need-based grant from the North Carolina Community College Grant Program...
N.C. Gen. Stat. § 115D-41. Restrictions on contracts with local school administrative units; use of community college facilities by public school students pursuant to cooperative programs
(a) Community college contracts with local school administrative units shall not be used by these agencies to supplant funding for a public school high...
N.C. Gen. Stat. § 115D-42. North Carolina Community Colleges Instructional Trust Fund
(a) There is established the North Carolina Community Colleges Instructional Trust Fund. The purpose of this Trust Fund is to supplement the funds raised...
N.C. Gen. Stat. § 115D-43. Funds for an intercollegiate athletics program
No State funds, student tuition receipts, or student aid funds shall be used to create, support, maintain, or operate an intercollegiate athletics program at...

Article 4 - Budgeting, Accounting, and Fiscal Management.

N.C. Gen. Stat. § 115D-45 through 115D-53. Recodified as �� 115D-54 to 115D-58.12

Article 4A - Budgeting, Accounting, and Fiscal Management.

N.C. Gen. Stat. § 115D-54. Preparation and submission of institutional budget
(a) By a date determined by the State Board, trustees of each institution shall prepare for submission a budget request as provided in G.S....
N.C. Gen. Stat. § 115D-55. Budget management
(a) Approval of Budget by Local Tax-Levying Authority. - By a date fixed by the local tax-levying authority, the budget shall be submitted to...
N.C. Gen. Stat. § 115D-56. Final adoption of budget
Upon notification of approval by the State Board of Community Colleges, the board of trustees shall adopt a budget resolution as defined in the...
N.C. Gen. Stat. § 115D-57. Interim budget
In case the adoption of the budget resolution is delayed until after July 1, the board of trustees shall authorize the president, through interim...
N.C. Gen. Stat. § 115D-58. Amendments to the budget; budget transfers
(a) The State Board of Community Colleges shall adopt rules and regulations governing the amendment of the budget for an institution. The board of...
N.C. Gen. Stat. § 115D-58.1. Federal contracts and grants
The board of trustees of any institution may apply for and accept grants from the federal government or any agency thereof, in order to...
N.C. Gen. Stat. § 115D-58.2. Allocation of revenue to the institution by the local tax-levying authority
(a) The local tax-levying authority of each institution shall provide, as needed, funds to meet the monthly expenditures, including salaries and other necessary operating...
N.C. Gen. Stat. § 115D-58.3. Provision for disbursement of State money
The deposit of money in the State treasury to the credit of the institution shall be made in monthly installments, and additionally as necessary,...
N.C. Gen. Stat. § 115D-58.4. Provisions for disbursement of local money
All local public funds received by or credited to an institution shall be disbursed on checks signed by the two officials of the institution...
N.C. Gen. Stat. § 115D-58.5. Accounting system
(a) Each institution shall establish and maintain an accounting system consistent with procedures as prescribed by the Community Colleges System Office and the State...
N.C. Gen. Stat. § 115D-58.6. Investment of idle cash
(a) Definitions. - As used in this section, the following definitions apply: (1) Cash balance. - The amount equal to all moneys received into...
N.C. Gen. Stat. § 115D-58.7. Selection of depository; deposits to be secured
(a) Each board of trustees shall designate as the official depositories of the institution one or more banks, savings and loan associations or trust...
N.C. Gen. Stat. § 115D-58.8. Facsimile signatures
The board of trustees may provide by appropriate resolution for the use of facsimile signature machines, signature stamps, or similar devices in signing checks...
N.C. Gen. Stat. § 115D-58.9. Daily deposits
All moneys regardless of source or purpose collected or received by an officer, employee, or agent of an institution shall be deposited intact in...
N.C. Gen. Stat. § 115D-58.10. Surety bonds
The State Board of Community Colleges shall determine what State employees and employees of institutions shall give bonds for the protection of State funds...
N.C. Gen. Stat. § 115D-58.11. Fire and casualty insurance on institutional buildings and contents
(a) The board of trustees of each institution, in order to safeguard the investment in institutional buildings and their contents, shall: (1) Insure and...
N.C. Gen. Stat. § 115D-58.12. Liability insurance; tort actions against boards of trustees
(a) Boards of trustees may purchase liability insurance only from companies duly licensed and authorized to sell insurance in this State or from other...
N.C. Gen. Stat. § 115D-58.13. Vending facilities
Moneys received by an institution on account of operation of vending facilities shall be deposited, budgeted, appropriated, and expended in accordance with the provisions...
N.C. Gen. Stat. § 115D-58.14. Purchasing flexibility
(a) Community colleges may purchase supplies, equipment, and materials from noncertified sources that are available under State term contracts, subject to the following conditions:...
N.C. Gen. Stat. § 115D-58.15. Lease purchase and installment purchase contracts for equipment and real property
(a) Authority. - Notwithstanding any other provision of law to the contrary, the board of trustees of a community college may use lease purchase...
N.C. Gen. Stat. § 115D-58.16. Audits
(a) Each community college shall be subject to a financial audit a minimum of once every two years. Community colleges may use State funds...

Article 5 - Special Provisions.

N.C. Gen. Stat. § 115D-59. Multiple-county administrative areas
Should two or more counties determine to form an administrative area for the purpose of establishing and supporting an institution, the boards of commissioners...
N.C. Gen. Stat. § 115D-60. Special provisions for Central Piedmont Community College
(a) The board of commissioners of Mecklenburg County is authorized to provide the local financial support for the Central Piedmont Community College as provided...
N.C. Gen. Stat. § 115D-61. Special provisions for Coastal Carolina Community College
All local taxes heretofore authorized by the voters of Onslow County to be levied annually for the local financial support of the Onslow County...
N.C. Gen. Stat. § 115D-62. Trustee Association Regions
The State is divided into six Trustee Association Regions as follows: Region 1: The counties of Buncombe, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson,...
N.C. Gen. Stat. § 115D-63 through 115D-67. Reserved for future codification purposes

Article 5A - North Carolina Center for Applied Textile Technology at Gaston College.

N.C. Gen. Stat. § 115D-67.1. Purpose of the Center
The purpose of the North Carolina Center for Applied Textile Technology is to develop a world-class workforce for the textile industry in North Carolina;...
N.C. Gen. Stat. § 115D-67.2. Advisory Board
(a) The Advisory Board to the North Carolina Center for Applied Textile Technology is hereby established. The purpose of the Advisory Board is to...
N.C. Gen. Stat. § 115D-67.3. Director and other Center personnel
The President of Gaston College shall appoint an individual to serve as the director of the Center from a list of two or more...
N.C. Gen. Stat. § 115D-67.4. Fees collected by the Center; purchases using Center funds
Notwithstanding any other provision of law, all fees collected by the Applied Textile Technology Center for services to the textile industry, except for regular...

Article 6 - Textile Training School.

N.C. Gen. Stat. § 115D-68 through 115D-71. Repealed by Session Laws 2005-103, s. 2, effective July 1, 2005

Article 6A - Motorcycle Safety Instruction.

N.C. Gen. Stat. § 115D-72. Motorcycle Safety Instruction Program
(a) There is created a Motorcycle Safety Instruction Program for the purpose of establishing statewide motorcycle safety instruction to be delivered through the Community...
N.C. Gen. Stat. § 115D-73 through 115D-76. Reserved for future codification purposes

Article 7 - Miscellaneous Provisions.

N.C. Gen. Stat. § 115D-77. Nondiscrimination policy
It is the policy of the State Board of Community Colleges and of local boards of trustees of the State of North Carolina not...
N.C. Gen. Stat. § 115D-78. Access to information and public records; small business counseling information
(a) In accordance with Chapter 132 of the General Statutes, all rules, regulations and public records of the State Board of Community Colleges, the...
N.C. Gen. Stat. § 115D-79. Open meetings
All official meetings of the State Board of Community Colleges and of local boards of trustees shall be open to the public in accordance...
N.C. Gen. Stat. § 115D-80. Repealed by Session Laws 2011-145, s. 8.18(b1), as amended by Session Laws 2011-391, s. 19, effective July 1, 2011
N.C. Gen. Stat. § 115D-81. Saving clauses
(a) Continuation of Existing Law. - The provisions of this Chapter, insofar as they are the same as those of existing laws, are intended...
N.C. Gen. Stat. § 115D-82 through 115D-86. Reserved for future codification purposes

Article 8 - Proprietary Schools.

N.C. Gen. Stat. § 115D-87. Definitions
The following definitions apply in this Article: (1) Person. - Any individual, association, partnership or corporation, and includes any director, receiver, referee, trustee, executor,...
N.C. Gen. Stat. § 115D-88. Exemptions
It is the purpose of this Article to include all private schools operated for profit: Provided, that the following schools shall be exempt from...
N.C. Gen. Stat. § 115D-89. State Board of Community Colleges to administer Article; issuance of diplomas by schools; investigation and inspection; rules
(a) The State Board of Community Colleges, acting by and through the State Board of Proprietary Schools, shall have authority to administer and enforce...
N.C. Gen. Stat. § 115D-89.1. State Board of Proprietary Schools
(a) The State Board of Proprietary Schools is established in the North Carolina Community Colleges System Office. (b) The State Board of Proprietary Schools...
N.C. Gen. Stat. § 115D-89.2. Office of Proprietary Schools; staff
The Office of Proprietary Schools shall be the principal administrative unit under the direction of the State Board of Proprietary Schools. Unless otherwise specified...
N.C. Gen. Stat. § 115D-89.3. State Board of Proprietary Schools and State Board of Community Colleges; licensing authority and coordination of responsibilities to administer Article
The State Board of Community Colleges, having the authority under G.S. 115D-89 to grant and issue licenses to proprietary schools by and through the...
N.C. Gen. Stat. § 115D-89.4. Powers of the State Board of Proprietary Schools
(a) In order to carry out the purposes of this Article, the State Board of Proprietary Schools, subject to other provisions of this Article,...
N.C. Gen. Stat. § 115D-90. License required; application for license; school bulletins; requirements for issuance of license; license restricted to courses indicated; supplementary applications
(a) No person shall operate, conduct or maintain or offer to operate in this State a proprietary school unless a license is first secured...
N.C. Gen. Stat. § 115D-91. Duration and renewal of licenses; notice of change of ownership, administration, etc.; license not transferable
(a) All licenses issued shall expire on June 30. (b) Unless a duration is otherwise prescribed by the State Board of Community Colleges, licenses...
N.C. Gen. Stat. § 115D-92. Authority to establish fees; Commercial Education Fund established; refund of fees
The State Board of Proprietary Schools, as provided in G.S. 115D-89.3, shall establish reasonable fees for licenses, renewals, and approvals granted, and for inspections...
N.C. Gen. Stat. § 115D-93. Suspension, revocation or refusal of license; notice and hearing; judicial review; grounds
(a) A refusal to issue, refusal to renew, suspension of, or revocation of a license under this section shall be made in accordance with...
N.C. Gen. Stat. § 115D-94. Repealed by Session Laws 1983 (Regular Session, 1984), c. 995, s. 17
N.C. Gen. Stat. § 115D-95. Bonds required
(a) Requirement. - An applicant for a license must comply with the bond requirements in this section. The bond covers the potential loss by...
N.C. Gen. Stat. § 115D-95.1. Student Protection Fund
(a) Definitions. - As used in this section: (1) "Catastrophic loss amount" means the amount of funds required to protect prepaid student tuition in...
N.C. Gen. Stat. § 115D-96. Operating school without license or bond made misdemeanor
Any person, or each member of any association of persons or each officer of any corporation who opens and conducts a proprietary school without...
N.C. Gen. Stat. § 115D-97. Contracts with unlicensed schools and evidences of indebtedness made null and void
All contracts entered into by proprietary schools with students or prospective students, and all promissory notes or other evidence of indebtedness taken in lieu...

Last modified: March 23, 2014