GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-92
HOUSE BILL 1519
AN ACT to modify the law pertaining to the resolution of disputes between the board of education and the board of county commissioners regarding school funding.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-431(d) reads as rewritten:
"(d) If an appeal is
taken to the appellate division of the General Court of Justice, and if such an
appeal would result in a delay beyond a reasonable time for levying taxes for
the year, the judge shall order the board of county commissioners to
appropriate to the local school administrative unit for deposit in the local
current expense fund a sum of money sufficient when added to all other moneys
available to that fund to equal the amount of this fund for the previous year. An
appeal may be taken to the appellate division of the General Court of Justice,
and notice of appeal shall be given in writing within 10 days after entry of
the judgment. All papers and records relating to the case shall be
considered a part of the record on appeal. The conclusion of the school or
fiscal year shall not be deemed to resolve the question in controversy between
the parties while an appeal is still pending. Any final judgment shall be
legally binding on the parties at the conclusion of the appellate process. The
payment of any final judgment by the county in favor of the local school
administrative unit shall not be considered, or used in any manner, to deny or
reduce appropriations to the local school administrative unit by the county in
fiscal years subsequent to the one at issue to offset such payment of a final
judgment."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of June, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 7:01 p.m. this 20th day of June, 2007