Fired New Hanover County Schools superintendent and his attorney respond

A day after being fired as superintendent for New Hanover County Schools, Charles Foust said he was proud of the students and employees and wished the district "nothing but the best."

Late Tuesday night, after a closed session, the New Hanover County Board of Education voted 5-0 to terminate Foust's contract, effective immediately. Board members Josie Barnhart and Stephanie Kraybill were not at the meeting and did not get to vote.

Assistant Superintendent of Human Resources Chris Barnes was appointed by the board as acting superintendent. In a statement from the district, Barnes said his "priority is to provide stability and continuity for our students, staff, and community while we work together to move forward."

The board did not give a reason for firing Foust, who was not present when the vote took place.

On Wednesday, through his attorney, Foust responded to the decision.

"I am proud of the students and all employees of NHCS. We have accomplished so many great things in the last 4 years," the statement said. "I am grateful for how my peers, the state and the community have recognized the diligent work put forth for student academic achievement."

He continued, "I wish NHCS nothing but the best; I know the students will continue to achieve excellence ... focus on the focus."

More: Teacher survey paints negative picture of what it's like working in New Hanover County schools

Climate survey results

The decision came after the board received results from a climate survey that they sent to teachers throughout the district. The results were overwhelmingly negative and spoke to the teachers' feelings about district staff and Foust.

One teacher responded, "We were not a struggling district when Foust came and he implemented processes specifically designed for academically struggling schools that hamstringed and stifled educator autonomy and teachers being able to implement strategies based on the students in front of them."

Another teacher said the district leadership, specifically Foust, is the reason they are retiring and moving into the private sector.

Others disagreed, and said that Foust wasn't the problem.

"Foust is great, but there are a handful of school board members who are taking advantage of their position and imposing their political views instead of focusing on the school system," one teacher responded.

Foust's tenure

Foust was chosen as the district's first Black superintendent in July 2020 out of 39 candidates. The board at the time voted unanimously.

Foust has a master's degree in school administration and a doctorate in professional leadership. He has had a career in public education for more than 23 years in North Carolina, Texas and Kansas, where he served as superintendent of Kansas City Public Schools, which is one of the largest school systems in the state.

Foust recently received the honor of being named the 2024-25 Southeast Regional Superintendent of the Year and was chosen by his peers, who included superintendents from12 school districts in North Carolina's southeast region.

According to North Carolina General Statutes - Chapter 115C Article 18, "a local board may terminate the superintendent's contract before the contract term of employment has expired so long as all the following conditions are met:

• No State funds are used for this purpose.
• Local funds appropriated for teachers, textbooks, or classroom materials, supplies, and equipment are not transferred or used for this purpose.
• The local board makes public the funds that are to be transferred or used for this purpose.
• The local board notifies the State Board of the funds that are to be transferred or used for this purpose.
• No funds acquired through donation or fund‑raising are used for this purpose, except for funds raised specifically for this purpose or funds donated by private for-profit corporations."

The superintendent's salary is $225,000, according to Foust's contract, and under the contract, Foust agreed and accepted that the board may unilaterally terminate his contract. The board will have to pay the salary he would have earned under his contract for a year from the date of termination.

More: New Hanover school board doesn't discuss superintendent's contract

More: School board candidates: Superintendent needs to be held accountable or fired

The possibility of firing Foust had been discussed previously. In January, after Foust put closing the Career Readiness Academy at Mosley on the table, board member Pat Bradford said she would make a motion to fire Foust but did not end up following through with it .

In 2022, three school board candidates, including Bradford, said they would explore the firing of Foust if elected . Foust also previously faced a petition signed by more than 1,000 people calling for his resignation.

Board members' thoughts

Kraybill, who was not present at the meeting, said she did not know what was discussed during the closed session. She said she was "blindsided" when she started to get messages late Tuesday night about the decision.

Kraybill said the board's decision to follow through with such an important vote without two of its members was upsetting.

"It wasn't a unanimous vote of the board, but a unanimous vote of who was there," Kraybill said.

Kraybill also said she is concerned about the logistics of the situation as multiple administration positions report to the superintendent and are attached to his contract.

"This board continues to make fly by the seat of their pants decisions without thinking of the consequences," Kraybill said.

Barnhart, the other board member who was not present, said she plans to work with board members to secure new leadership.

"My goal is always to focus on opportunities for our students and there is still work to be done," Barnhart responded via email.

Barnhart later said during a phone call that she was not aware of the specific item on the agenda but that it was clear from the vote that the board wanted to move in a different direction. She also noted that the vote was bipartisan and that it only takes four votes to get things done.

On Wednesday, board Chair Pete Wildeboer appeared on Wilmington’s Morning News podcast with host Nick Craig as he does after every board of education meeting. He said he would not comment on what the board talked about in relation to the termination of Foust’s contract because it is a personnel matter.

Instead, he addressed the staff climate survey and how eye-opening it was and how he wants to continue to brainstorm ways to listen and act on the needs of staff. One of those ideas is a town hall meeting for educators only to hear what their needs are from them directly.

Foust's attorney responds

Foust's attorney, Gary Shipman of Shipman & Wright, LLP, responded with a statement regarding the board's decision.

"This morning, I called Dr. Foust to congratulate him on being emancipated from the embarrassment that is the majority of the members of the New Hanover County Board of Education," Shipman wrote. "The deliberate effort on the part of the majority of the board members to radicalize public education in New Hanover County has not only led to career teachers leaving the profession they love, but has left a stain on the reputation of the public schools in New Hanover County that will not easily disappear."

Shipman wrote that the group that controls the board has given into the will of the vocal minority and that he is glad Foust will no longer have to endure their efforts to trash public education in New Hanover County.

"The callous and reckless disregard by this Board towards fiscal responsibility is outrageous," Shipman wrote, "given that the taxpayers of New Hanover County will be writing a check for work that Dr. Foust will not be performing."

This article originally appeared on Wilmington StarNews: Fired New Hanover County Schools superintendent and his attorney respond