NC school system may have violated state law, school policies while cleaning mold, state senator says

GRAHAM, N.C. (WGHP) — The Alamance-Burlington School System may have violated state law and ABSS school policies when dealing with mold in schools last year, according to a letter from the Joint Legislative Commission on Governmental Operations to North Carolina state Sen. Amy Galey (R-Alamance).

In a statement, Galey said:

“It is absolutely critical that school boards ask lots of questions and make sure that laws, policies, and procedures are being appropriately followed, even in challenging times. Solutions to operational challenges such as mold and budget shortfalls cannot get a rubber-stamp from the school board, which is elected to hold administrators accountable.

“ABSS has new administrative leadership and an interim superintendent. It is important that we reflect on the events and lessons of the last few years and build relationships, improve practice, and resist the impulse to attack or assign blame. Each member of the school community, including not only the school board but also the Alamance County commission, has the opportunity to renew its commitment to improving outcomes for children in Alamance County.”

According to the letter released by Galey’s office on Wednesday, the state senator had requested that the commission review “some of the well-publicized issues involving the Alamance-Burlington School System.”

The commission told Galey that it had contacted ABSS and “raised concerns that state statutes and ABSS board policies may not have been followed.” ABSS reportedly justified its decisions by citing “the emergent need of mold remediation.”

The commission found that the school board did not provide reasons for its choice of companies to perform mold remediation work and did not provide evidence that ABSS made its selection “after careful pricing,” potentially violating ABSS Policy 6450 which addresses how the district can purchase services. Additionally, the board may have violated ABSS policies 6420 Contracts with the Board and 6421 Preaudit and Disbursement Certifications.

The district may have also violated North Carolina General Statutes, including G.S. 115C-31, known as The School Budget and Fiscal Control Act, and G.S. 115-441, which addresses required preaudit certification.

The commission looked into the district’s 2022-2023 budget and found that the district had reportedly spent more than $4 million more than it had appropriated in its General Fund, Other Special Revenue Fund and Capital Outlay Fund.

“The primary issue here is the exposure to undue liability when … the [Board of Education] and ABSS are in a financially precarious situation,” the commission said.