S.L. 1975-699

NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 699

HOUSE BILL 872

AN ACT TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION AND THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

Whereas, the citizens of North Carolina have an interest in providing a uniform system of free public schools for the betterment of our children and for the enhancement of all of the inhabitants of the State; and

Whereas, Section 5 of Article IX of the Constitution of North Carolina provides that the State Board of Education shall supervise and administer the free public school system and shall make all needed rules and regulations in relation thereto subject to laws enacted by the General Assembly; and

Whereas, the Constitution of the State provides that the State Board of Education shall consist of the Lieutenant Governor, the treasurer, and 11 members appointed by the Governor, subject to confirmation by the General Assembly in joint session; and

Whereas, the Constitution further provides in Section 4 of Article IX for the Superintendent of Public Instruction to be the secretary and chief administrative officer of the State Board of Education; and

Whereas, it is in the public interest of North Carolina to define the relationship between the State Board of Education and the Superintendent of Public Instruction in keeping with the mandate of the Constitution of North Carolina, and in order to insure that the system of free public education is governed and administered in the best way, and that policies and responsibilities are clearly defined in our statutes; Now, therefore,

The General Assembly of North Carolina enacts:

Section 1. G.S. 115-10(f) relating to committees of the State Board of Education is hereby rewritten to read as follows:

"(f) Committees. The board may create from its membership such committees as it deems necessary to facilitate its business. The chairman of the board shall with approval of the majority of the board appoint members to the several committees authorized by the board and to any additional committees which the chairman may deem to be appropriate."

"(h) Rules and regulations. The board shall adopt reasonable rules and regulations not inconsistent herewith, to govern their proceedings which the board may amend from time to time, which rules and regulations shall become effective when filed as provided by law; provided, however, a motion to suspend the rules so adopted shall require a consent of two thirds of the members. The rules and regulations shall include, but not be limited to, clearly defined procedures for electing the officers of the State Board referred to in G.S. 115-10, fixing the term of said officers, specifying how the voting shall be carried out, and establishing a date when the first election shall be held."

Sec. 2. G.S. 115-11(14) relating to the powers and duties of the State Board of Education is rewritten to read as follows:

"(14) Miscellaneous powers and duties. All the powers and duties exercised by the State Board of Education shall be in conformity with the Constitution and subject to such laws as may be enacted from time to time by the General Assembly. Among such duties are:

a. To certify and regulate the grade and salary of teachers and other school employees.

b. To adopt and supply textbooks.

c. To adopt a standard course of study upon recommendation of the State Superintendent of Public Instruction; provided, however, that in the event the State Superintendent does not recommend a standard course of study satisfactory to the board the board may cause an independent professional study to be made, with such assistance as it may deem necessary, to the end that a standard course of study appropriate to the needs of the children of the State shall be recommended to the board for adoption; whereupon the board shall require a public hearing to be held on the question of the adoption of the standard course of study thus proposed and it shall thereafter adopt the recommendations, with such changes as the board may deem appropriate, which shall be required as the minimal program of every public school in the State. The standard course of study thus established shall be reviewed by the board biennially.

d. To formulate rules and regulations for the enforcement of the compulsory attendance law.

e. To report to the General Assembly on the operation of the State Literary Fund.

f. To manage and operate a system of insurance for public school property.

g. In making substantial policy changes in administration, curriculum, or programs the board should conduct hearings throughout the regions of the State, whenever feasible, in order that the public may be heard regarding these matters."

Sec. 3. G.S. 115-14(1) relating to administrative duties of the State Superintendent of Public Instruction is rewritten to read as follows:

"(1) To organize and establish, subject to the approval of the State Board of Education, a Department of Public Instruction which shall include such divisions and departments as are necessary for supervision and administration of the public school system. All appointments of administrative and supervisory personnel to the staff of the Department of Public Instruction shall be subject to the approval of the State Board of Education, which shall have authority to terminate such appointments for cause in conformity with the State Personnel Act."

Sec. 4. G.S. 115-17(9) relating to the duties of the controller under the direction of the State Board of Education, is rewritten to read as follows:

"(9) He shall employ all necessary administrative and supervisory employees who work under his direction in the administration of the fiscal affairs of the board, subject to the approval of the State Board of Education, which shall have authority to terminate such appointments for cause in conformity with the State Personnel Act."

Sec. 5. G.S. 115A-3 is hereby amended by inserting immediately following the first paragraph thereof a new paragraph to read as follows:

"The Director of the Community College System shall appoint all necessary administrative and supervisory employees who work under his direction in the administration of the Community College System, subject to the approval of the State Board of Education, which shall have authority to terminate such appointments for cause in conformity with the State Personnel Act."

Sec. 6. This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 23rd day of June, 1975.