115C-44. Suits and actions.
(a) A local board of education shall institute all actions, suits, or proceedings against officers, persons, or corporations, or their sureties, for the recovery, preservation, and application of all money or property which may be due to or should be applied to the support and maintenance of the schools, except in case of the breach of his bond by the treasurer of the county school fund, in which case action shall be brought by the board of county commissioners.
(b) In all actions brought in any court against a local board of education, the order or action of the board shall be presumed to be correct and the burden of proof shall be on the complaining party to show the contrary. (1955, c. 1372, art. 5, s. 14; 1981, c. 423, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 115C - Elementary and Secondary Education
Article 5 - Local Boards of Education.
§ 115C-36 - Designation of board.
§ 115C-37 - Election of board members.
§ 115C-37.1 - Vacancies in offices of county boards elected on partisan basis in certain counties.
§ 115C-38 - Compensation of board members.
§ 115C-39 - Suspension of duties by State Board.
§ 115C-40 - Board a body corporate.
§ 115C-41 - Organization of board.
§ 115C-42 - Liability insurance and immunity.
§ 115C-43 - Defense of board of education members and employees.
§ 115C-44 - Suits and actions.
§ 115C-45 - Judicial functions of board.
§ 115C-46 - Powers of local boards to regulate parking of motor vehicles.
§ 115C-46.1 - Limitation on the use of public funds.
§ 115C-46.2 - Probation officer visits at school; limitations[Effective until January 1, 2023]
§ 115C-47 - Powers and duties generally[Effective until July 1, 2022]
§ 115C-48 - Penalties for certain conduct.