November 28, 1994
Larry W. Sharpe Vice Chairman Board of Commissioners for Alamance County 717 Colonial Drive Burlington, North Carolina 27215
Re: Advisory Opinion; G.S. 115C-68.1; Power of Board of County Commissioners to Rescind Merger Plan
Dear Mr. Sharpe:
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 On behalf of the Board of County Commissioners you have asked if that merger plan may now be rescinded.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