GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H D
HOUSE DRH10265-TC-19 (04/03)
Short Title: Jury Instructions for School Budget Dispute. |
(Public) |
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Sponsors: |
Representative Dixon. |
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Referred to: |
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A BILL TO BE ENTITLED
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 from all sources 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 jury 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.what amount of
money is necessary from all sources to maintain a system of free public schools
and what amount of money is needed from the county to make up this total. The
jury shall be instructed that the board of county commissioners is required to
provide the appropriation legally necessary to support a system of free public
schools as defined by State law and State Board of Education policy, and that
the jury shall consider the educational goals and policies of the State, the
budgetary request of the local board of education, the financial resources of
the county, and the fiscal policies of the board of county commissioners.
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 day.