GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-141
HOUSE BILL 765
AN ACT to Clarify and codify jury instructions for a budget dispute between board of education and board of county commissioners.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-431(c) reads as rewritten:
"(c)
Within five days after an announcement of no agreement by the mediator, the
local board of education may file an action in the superior court division of
the General Court of Justice. The court shall find the facts as to the
amount of money necessary to maintain a system of free public schools, and the
amount of money needed from the county to make up this total. Either board
has the right to have the issues of fact tried by a jury. When a jury trial is
demanded, the cause shall be set for the first succeeding term of the superior
court in the county, and shall take precedence over all other business of the
court. However, if the judge presiding certifies to the Chief Justice of the
Supreme Court, either before or during the term, that because of the
accumulation of other business, the public interest will be best served by not
trying the cause at the term next succeeding the filing of the action, the
Chief Justice shall immediately call a special term of the superior court for
the county, to convene as soon as possible, and assign a judge of the superior
court or an emergency judge to hold the court, and the cause shall be tried at
this special term. The issue submitted to the juryThe judge shall
find, or if the issue is submitted to the jury, the jury shall find shall
be what amount of money is needed from sources under the control of the board
of county commissioners to maintain a system of free public schools.the
facts as to the following in order to maintain a system of free public schools
as defined by State law and State Board of Education policy: (i) the amount of
money legally necessary from all sources and (ii) the amount of money legally
necessary from the board of county commissioners. In making the finding, the
judge or the jury shall consider the educational goals and policies of the
State and the local board of education, the budgetary request of the local
board of education, the financial resources of the county and the local board
of education, and the fiscal policies of the board of county commissioners and
the local board of education.
All findings of fact in the superior court, whether found by the judge or a jury, shall be conclusive. When the facts have been found, the court shall give judgment ordering the board of county commissioners to appropriate a sum certain to the local school administrative unit, and to levy such taxes on property as may be necessary to make up this sum when added to other revenues available for the purpose."
SECTION 2. This act is effective when it becomes law and applies to all actions commenced on or after that date.
In the General Assembly read three times and ratified this the 13th day of June, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:24 p.m. this 19th day of June, 2013