§ 115C-274. Removal.
(a) Local boards of education are authorized to remove a superintendent who is guilty
of immoral or disreputable conduct or who shall fail or refuse to perform the duties required of
him by law. In case the State Board of Education has sufficient evidence at any time that any
superintendent of schools is not capable of discharging, or is not discharging, the duties of his
office as required by law or is guilty of immoral or disreputable conduct, the State Board of
Education shall report this matter to the board of education employing said superintendent of
schools. It shall then be the duty of that board of education to hear the evidence in the case and,
if after careful investigation it shall find the charges true, it shall declare the office vacant at
once and proceed to elect a successor: Provided, that such superintendent shall have the right to
try his title to office in the courts of the State.
(b) If the superintendent shall fail in the duties enumerated in G.S. 115C-276(g),
115C-276(h), 115C-276(i), or any other duties as may be assigned him, he shall be subject,
after notice, to an investigation by the State Board of Education or by his board of education for
failure to perform his duties. For persistent failure to perform these duties, the State Board of
Education may revoke the superintendent's certificate and the superintendent may be dismissed
by his board of education.
(c) The identification by the State Board of Education of more than half the schools in a
local school administrative unit as low-performing under G.S. 115C-105.37 is evidence that the
superintendent is unable to fulfill the duties of the office, and the State Board may appoint an
interim superintendent to carry out the duties of the superintendent under G.S. 115C-105.39,
may revoke the superintendent's certificate under this section, may dismiss the superintendent
under G.S. 115C-105.39, or may take any combination of these actions. (1955, c. 1372, art. 5,
s. 25; art. 6, s. 4; 1981, c. 423, s. 1; 1995 (Reg. Sess., 1996), c. 716, s. 6.)
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_115C/GS_115C-274.pdf