With New Hanover County superintendent's firing, here's what we know about his contract

After the New Hanover County Board of Education's decision to terminate Superintendent Charles Foust's contract, the board will be faced with the logistics of what's to come, including how they will pay Foust's salary.

The 5-0 vote Tuesday night happened quickly after the board's closed session. Two board members, Stephanie Kraybill and Josie Barnhart, were not present and did not get to vote.

The board previously extended Foust's contract in August 2023 to end on June 30, 2027, but with the decision to move in a different direction, there are a few things to know about what the board will have to do to move forward.

What does the contract say about pay?

Foust's annual salary of $225,000 will have to be paid to him for a year from his termination date, according to a copy of Foust's contract posted online by WECT.

The StarNews has requested a copy of Foust's contract from the school district but had not received a response as of Wednesday afternoon.

Who will pay?

According to North Carolina General Statutes - Chapter 115C Article 18, a local school board can terminate the superintendent's contract before the contract term has expired but there are a number of conditions that have to be met.

• No state funds can be used for the purpose.
• Local funds for teachers, textbooks, or classroom materials, supplied and equipment cannot be used for the purpose.
• The local board must make public the funds that are to be used for the purpose.
• The local board must notify the State Board of the funds that will be used for the purpose.
• No funds acquired through donation or fund-raising are allowed for the purpose, except for funds that are raised or donated by private for-profit corporations for the purpose.

As of Wednesday afternoon, it wasn't immediately clear where the money to pay for Foust's salary would come from.

Can Foust appeal?

Because the board chose unilateral termination and to terminate the contract by paying a year of Foust's salary, the superintendent's contract states that he agreed that all rights and terms of his contract are concluded and resolved. This also means that Foust would not have the right to a hearing before the board or the right to appeal the board's actions.