GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 455

Short Title:  School Governance Changes.	(Public)
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Sponsors: Representatives Hightower; and Hall.
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Referred to:  Constitutional Amendments and Referenda.
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March 22, 1993

A BILL TO BE ENTITLED
AN ACT TO MAKE THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION THE CHAIRMAN OF THE STATE BOARD OF EDUCATION AND TO AMEND THE CONSTITUTION TO CHANGE THE COMPOSITION OF THE STATE BOARD OF EDUCATION.
The General Assembly of North Carolina enacts:
Section 1.  Section 4(1) of Article IX of the Constitution reads as rewritten:
"(1)	Board.  The State Board of Education shall consist of six members appointed by the Governor, six members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and six members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.  Terms shall be for four years, except that three of the initial members appointed by the Governor, three of the initial members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and three of the initial members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, shall serve for a two-year term.  Appointments to fill vacancies shall be made as provided by law."
Sec. 2.  G.S. 115C-10 reads as rewritten:
"§ 115C-10. Appointment of Board.
(a)	The State Board of Education shall consist of six members appointed by the Governor, six members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and six members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.  
	(b)	Appointments shall be for four-year terms, except that the Governor shall designate three of the initial members he appoints to serve for a two-year term, the General Assembly shall designate three of the initial members it appoints upon the recommendation of the President Pro Tempore of the Senate to serve for a two-year term, and the General Assembly shall designate three of the initial members it appoints upon the recommendation of the Speaker of the House of Representatives to serve for a two-year term.
(c)	Appointments to fill vacancies in positions filled by the Governor shall be made by the Governor for the unexpired terms.  Appointments by the General Assembly shall be made in accordance with G.S. 120-121, and appointments to fill vacancies in those positions shall be made in accordance with G.S. 120-122.
."
Sec. 3.  G.S. 115C-65 is repealed.
Sec. 4.  G.S. 120-123 is amended by adding a new subdivision to read:
"(60)	The State Board of Education, as established in G.S. 115C-10."
Sec. 5.  G.S. 115C-11 reads as rewritten:
"§ 115C-11. Organization and internal procedures of Board.
(a)	Presiding Officer. – The Superintendent of Public Instruction shall serve as the chairman of the State Board of Education.  The State Board of Education shall elect from its membership a vice-chairman. A majority of the Board shall constitute a quorum for the transaction of business. Per diem and expenses of the appointive members of the Board shall be provided by the General Assembly. The chairman of the Board shall determine the agenda and shall preside at all meetings of the Board. In the absence of the chairman, the vice-chairman shall preside; in the absence of both the chairman and the vice-chairman, the Board shall name one of its own members as chairman pro tempore.
(a1)	Student advisors. – The Governor is hereby authorized to appoint two high school students who are enrolled in the public schools of North Carolina as advisors to the State Board of Education. The student advisors shall participate in State Board deliberations in an advisory capacity only. The State Board may, in its discretion, exclude the student advisors from executive sessions.
The Governor shall make initial appointments of student advisors to the State Board as follows:
(1)	One high school junior shall be appointed for a two-year term beginning September 1, 1986, and expiring June 14, 1988; and
(2)	One high school senior shall be appointed for a one-year term beginning September 1, 1986, and expiring June 14, 1987. When an initial or subsequent term expires, the Governor shall appoint a high school junior for a two-year term beginning June 15 of that year. If a student advisor is no longer enrolled in the public schools of North Carolina or if a vacancy otherwise occurs, the Governor shall appoint a student advisor for the remainder of the unexpired term.
Student advisors shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(a2)	State Teacher of the Year Advisor. – Each State Teacher of the Year, as designated by the Department of Public Instruction, shall serve ex officio as advisor to the State Board of Education. Each State Teacher of the Year shall begin service as advisory member to the State Board at the commencement of the teacher's term as State Teacher of the Year and shall serve for two years. The State Teachers of the Year shall participate in State Board deliberations and committee meetings in an advisory capacity only. The State Board may, in its discretion, exclude the State Teachers of the Year from executive sessions.
In the event a vacancy occurs in the State Teacher of the Year's advisory position, the teacher who was next runner-up to that State Teacher of the Year shall serve as the advisory member to the Board for the remainder of the unexpired term. The State Teacher of the Year advisors to the State Board shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(b)	Regular Meetings of Board. – The regular meetings of the Board shall be held each month on a day certain, as determined by the Board. The Board shall determine the hour of the meeting, which may be adjourned from day to day, or to a day certain, until the business before the Board has been completed.
(b1)	Annual meeting with the State Board of Community Colleges and the Board of Governors of The University of North Carolina.  The State Board of Education shall meet with the State Board of Community Colleges and the Board of Governors of The University of North Carolina at least once a year to discuss educational matters of mutual interest and to recommend to the General Assembly such policies as are appropriate to encourage the improvement of public education at every level in this State.  The meeting in 1987 and every three years thereafter shall be hosted by the University Board of Governors, the meeting in 1988 and every three years thereafter shall be hosted by the State Board of Education, and the meeting in 1989 and every three years thereafter shall be hosted by the State Board of Community Colleges.
(c)	Special Meetings. – Special meetings of the Board may be set at any regular meeting or may be called by the chairman: Provided, a special meeting shall be called by the chairman upon the request of any five members of the Board. In case of regular meetings and special meetings, the secretary shall give notice to each member, in writing, of the time and purpose of the meeting, by letter directed to each member at his home post-office address. Such notice must be deposited in the Raleigh Post Office at least three days prior to the date of meeting.
(d)	Voting. – No voting by proxy shall be permitted. Except in voting on textbook adoptions, all voting shall be viva voce unless a record vote or secret ballot is demanded by any member, and a majority of those present and voting shall be necessary to carry a motion.
(e)	Voting on Adoption of Textbooks. – A majority vote of the whole membership of the Board shall be required to adopt textbooks, and a roll call vote shall be had on each motion for such adoption or adoptions. A record of all such votes shall be kept in the minute book.
(f)	Committees. –  The Chairman of the Board may appoint from the membership of the Board such committees as he deems to be necessary to facilitate the business of the Board.
(g)	Record of Proceedings. – All of the proceedings of the Board shall be recorded in a well-bound and suitable book, which shall be kept in the office of the Superintendent of Public Instruction, and open to public inspection.
(h)	Rules and Regulations. – The Board shall adopt reasonable rules and regulations not inconsistent herewith, to govern its 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. 115C-11(a), 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. 6.  G.S. 115C-21(b) reads as rewritten:
"(b)	Duties as Secretary to the State Board of Education. – As secretary, under the direction of the Board, it shall be the duty of the Superintendent of Public Instruction:
(1)	To administer through the Department of Public Instruction, all policies established by the Board.
(1a)	To administer the funds appropriated to the Department of Public Education for the operations of the State Board of Education and for aid to local school administrative units.
(2)	To keep the Board informed regarding developments in the field of public education.
(3)	To make recommendations to the Board with regard to the problems and needs of education in North Carolina.
(4)	To make available to the public schools a continuous program of comprehensive supervisory services.
(5)	To collect and organize information regarding the public schools, on the basis of which he shall furnish the Board such tabulations and reports as may be required by the Board.
(6)	To communicate to the public school administrators all information and instructions regarding instructional policies and procedures adopted by the Board.
(7)	To have custody of the official seal of the Board and to attest all deeds, leases, or written contracts executed in the name of the Board. All deeds of conveyance, leases, and contracts affecting real estate, title to which is held by the Board, and all contracts of the Board required to be in writing and under seal, shall be executed in the name of the Board by the chairman and attested by the vice-chairman; and proof of the execution, if required or desired, may be had as provided by law for the proof of corporate instruments.
(8)	To attend all meetings of the Board and to keep the minutes of the proceedings of the Board in a well-bound and suitable book, which minutes shall be approved by the Board prior to its adjournment; and, as soon thereafter as possible, to furnish to each member of the Board a copy of said minutes.
(9)	To perform such other duties as the Board may assign to him from time to time."
Sec. 7.  G.S. 115C-105(a) reads as rewritten:
"(a)	There is hereby established the North Carolina Education Council composed of the members of the education commission of the states representing this State, and not exceeding five other persons appointed by the Governor for terms of three years. Such other persons shall be selected so as to be broadly representative of professional and lay interests within this State having the responsibilities for, knowledge with respect to, and interest in educational matters. The Governor shall serve as chairman of the North Carolina Education Council or any person that the Governor may designate shall serve as chairman. The vice-chairman of the State Board of Education, the Superintendent of Public Instruction, the chairman of the Board of Governors of The University of North Carolina, and the President of The University of North Carolina shall be ex officio members of the North Carolina Education Council. The council shall meet on the call of its chairman or at the request of a majority of its members, but in any event the Council shall meet not less than three times in each year. The Council may consider any and all matters relating to the recommendations of the education commission of the states and the activities of the members in representing this State thereon."
Sec. 8.  G.S. 20-81(4) reads as rewritten:
"(4)	Elective and Appointive. – Official plates issued to elective and appointive members of State government shall bear number designations beginning with number 1 which shall be assigned to the Governor of North Carolina and numbers following thereafter shall be issued to in the following order:
2.	Lieutenant Governor of North Carolina.
3.	Speaker of the House of Representatives.
4.	President Pro Tempore of the Senate.
5.	Secretary of State.
6.	State Auditor.
7.	State Treasurer.
8.	Superintendent of Public Instruction.
9.	Attorney General.
10.	Commissioner of Agriculture.
11.	Commissioner of Labor.
12.	Commissioner of Insurance.
13.	Speaker Pro Tempore of the House.
14.	Legislative Services Officer.
15.	Secretary of Administration.
16.	Secretary of Environment, Health, and Natural Resources.
17.	Secretary of Revenue.
18.	Secretary of Human Resources.
19.	Secretary of Economic and Community Development.
20.	Secretary of the Department of Correction.
21.	Secretary of Cultural Resources.
22.	Secretary of Crime Control and Public Safety.
23-29.	To be reserved for and assigned to members of the Governor's staff at the direction of the Governor.
30.	State Budget Officer.
31.	State Personnel Director.
32-41.	To be reserved for and assigned to nonlegislative members of the Advisory Budget Commission at the direction of the Governor.
42.	Vice-chairman, State Board of Education.
43.	President, U.N.C. System.
44.	Chairman, A.B.C. Commission.
45.	Member, A.B.C. Commission.
46.	Member, A.B.C. Commission.
47.	Assistant Commissioner of Agriculture.
48.	Assistant Commissioner of Agriculture.
49.	Deputy Secretary of State.
50.	Deputy State Treasurer.
51.	Assistant State Treasurer.
52.	Deputy Commissioner, Department of Labor.
53.	Chief Deputy, Department of Insurance.
54.	Assistant Commissioner of Insurance.
55-65.	Shall be reserved for and assigned to the Attorney General's deputies and assistants only. Specific number assignments shall be at the direction of the Attorney General.
66-88.	Shall be reserved for and assigned upon request to nonlegislative members of the Board of Economic Development. Specific number assignments to such members shall be at the direction of the Governor.
89-96.	Shall be reserved for and assigned upon request to nonlegislative members of the State Ports Authority. Specific number assignments to such members shall be at the direction of the Governor.
97-104.	Shall be reserved for and assigned upon request to members of the Utilities Commission. Number 97 to be upon request assigned to the Chairman of the Utilities Commission with remaining numbers to be assigned upon request to the remaining members of the Utilities Commission on the basis of seniority.
105-109.	Shall be reserved for and assigned upon request to members of the Parole Commission. Number 105 to be upon request assigned to the Chairman of the Parole Commission with remaining numbers to be assigned upon request to the remaining members of the Parole Commission on the basis of seniority.
110-200.	Shall be reserved for and assigned upon request to members of State boards and commissions and State employees at the direction of the Governor."
Sec. 9.  G.S. 116-237 reads as rewritten:
"§ 116-237. Educational Advisory Council.
The Board of Governors shall establish a 12-member Educational Advisory Council consisting of (1)	ex officio, the State Superintendent of the Department of Public Instruction and the vice-chairman of the State Board of Education, and (2) 10 persons who are scientists, mathematicians, public school representatives, or other persons having an interest in the School and desiring to contribute to its work. The members of the Advisory Council shall be appointed by the Board of Governors for four-year terms. No person shall be eligible to serve more than two successive four-year terms. The Advisory Council shall give advice and counsel to the Director and the Board of Trustees."
Sec. 10.  G.S. 143B-426.9 reads as rewritten:
"§ 143B-426.9. North Carolina Agency for Public Telecommunications – creation; membership; appointments, terms and vacancies; officers; meetings and quorum; compensation.
The North Carolina Agency for Public Telecommunications is  created. It is governed by the Board of Public Telecommunications Commissioners, composed of 27 members as follows:
(1)	A Chairman appointed by, and serving at the pleasure of, the Governor;
(2)	Ten at-large members, appointed by the Governor from the general public;
(3)	Two members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121;
(4)	Two members appointed by the General Assembly upon the recommendation of the President of the Senate in accordance with G.S. 120-121;
(5)	The Secretary of Administration, ex officio;
(6)	The Chairman of the Board of Trustees of The University of North Carolina Center for Public Television (if and when established), ex officio;
(7)	The Vice-chairman of the State Board of Education, ex officio;
(8)	The Chairman of the OPEN/net Committee, ex officio, so long as such person is not a State employee;
(9)	The Chairman of the North Carolina Utilities Commission, ex officio;
(10)	The Director of the Public Staff of the North Carolina Utilities Commission, ex officio;
(11)	The Chairman of the Public Radio Advisory Committee of the North Carolina Agency for Public Telecommunications, ex officio;
(12)	The Superintendent of Public Instruction, ex officio;
(13)	The President of the University of North Carolina, ex officio;
(14)	The President of the Department of Community Colleges, ex officio; and
(15)	Two members ex officio who shall rotate from among the remaining heads of departments enumerated in G.S. 143A-11 or G.S. 143B-6, appointed by the Governor.
The 10 at-large members shall serve for terms staggered as follows: four terms shall expire on June 30, 1980; and three terms shall expire on June 30, 1982; and three terms shall expire on June 30, 1984. Thereafter, the members at large shall be appointed for full four-year terms and until their successors are appointed and qualified. In making appointments of members at large, the Governor shall seek to appoint persons from the various geographic areas of the State including both urban and rural areas; persons from various classifications as to sex, race, age, and handicapped persons; and persons who are representatives of the public broadcast, commercial broadcast, nonbroadcast distributive systems and private education communities of the State.
The terms of the ex officio members are coterminous with their respective terms of office. In the event that any of the offices represented on the Board ceases to exist, the successor officer to the designated member shall become an ex officio member of the Board; if there shall be no successor, then the position on the Board shall be filled by a member to be appointed by the Governor from the general public. The ex officio members shall have the right to vote.
The initial members appointed to the Board by the General Assembly shall serve for terms expiring June 30, 1983. Thereafter, their successors shall serve for two-year terms beginning July 1 of odd-numbered years.
The terms of the rotating ex officio members shall be of one-year duration, and the schedule of rotation is determined by the Governor.
Each State official who serves on the Board may designate a representative of his department, agency or institution to sit in his  place on the Board and to exercise fully the official's privileges of  membership.
The Secretary of Administration or his designee serves as secretary of the Board.
Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122. Other vacancies shall be filled in the same manner as the original appointment.
The Governor may remove any member of the Board from office in accordance with the provisions of G.S. 143B-16.
The Board meets quarterly and at other times at the call of the chairman or upon written request of at least six members.
A majority of the Board members shall constitute a quorum for the transaction of business."
Sec. 11.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at an election to be held at the same time as the next statewide primary, general, or special election, whichever occurs first, which election shall be conducted under the laws then governing elections in the State. At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[]	FOR constitutional amendment to change the composition of the State Board of Education. 
[]	AGAINST constitutional amendment to change the composition of the State Board of Education."
	Those qualified voters favoring the amendment set out in Section 1 of this act shall vote by making an "X"or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to the amendment shall vote by making an "X"or check mark in the square beside the statement beginning "AGAINST".
	Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules prescribed by the State Board of Elections.
Sec. 12.  If a majority of votes cast thereon are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State, who shall enroll the amendment so certified among the permanent records of his office.  The amendment shall become effective upon such certification except that the term of office of all members of the State Board of Education who were appointed to the State Board of Education prior to July 1, 1995, and were serving as members on June 30, 1995, shall expire on July 1, 1995.
Sec. 13.  Sections 2 through 4 of this act become effective only if the constitutional amendment set out in Section 1 of this act is approved by the voters. If the constitutional amendment is approved by the voters, Sections 2 and 4 of this act shall become effective July 1, 1995:  Provided, however, the General Assembly and the Governor may appoint members to the State Board of Education in accordance with Section 2 of this act, prior to July 1, 1995, for terms of office beginning July 1, 1995.
Sec. 14.  This act is effective upon ratification.