GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	3 

HOUSE BILL 7
Committee Substitute Favorable 2/28/95
Senate Education/Higher Education Committee Substitute Adopted 4/17/95

Short Title:  St. Bd. of Educ. Authority.	(Public)

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Sponsors:

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Referred to:  

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January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE STATUTES SO AS TO STREAMLINE THE OPERATIONS OF THE STATE EDUCATION AGENCY.
The General Assembly of North Carolina enacts:
Section 1.  Article 1 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C-1.1.  State governance of the public school system.
Because the executive power of the State is vested in the Governor, the General Assembly believes that, ultimately, the Governor is responsible for the general supervision of the free public school system in North Carolina.  The Governor appoints and guides the members of the State Board of Education which then supervises and administers the public school system.  The Superintendent of Public Instruction serves as secretary and chief administrative officer of the State Board.  As secretary and chief administrative officer, the Superintendent manages on a day-to-day basis the administration of the free public school system, subject to the direction, control, and approval of the State Board."
Sec. 2.  G.S. 115C-19 reads as rewritten:
"§ 115C-19.  Chief administrative officer of the State Board of Education.
As provided in Article IX, Sec. 4(2)	of the North Carolina  Constitution, the Superintendent of Public Instruction shall be the secretary and chief administrative officer of the State Board of Education.  Subject to the direction, control, and approval of the State Board of Education, the Superintendent of Public Instruction shall carry out the duties prescribed under G.S. 115C-21."
Sec. 3.  G.S. 115C-21 reads as rewritten:
"§ 115C-21.  Powers and duties generally.
	(a)	Administrative Duties. –Subject to the direction, control, and approval of the State Board of Education, it shall be the duty of the Superintendent of Public Instruction:
(1)	To organize and establish a Department of Public Instruction which shall include such divisions and departments as the State Board considers 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 are subject to the approval of the State Board of Education, which may terminate these appointments for cause in conformity with Chapter 126 of the General Statutes, the State Personnel System.
(2)	To keep the public informed as to the problems and needs of the public schools by constant contact with all school administrators and teachers, by personal appearance at public gatherings, and by information furnished to the press of the State.
(3)	To report biennially to the Governor 30 days prior to each regular session of the General Assembly, such report to include information and statistics of the public schools, with recommendations for their improvement and for changes in the school law.
(4)	To have printed and distributed such educational bulletins as are necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and to have printed all forms necessary and proper for the administration of the Department of Public Instruction.
(5)	To manage all those matters relating to the supervision and administration of the public school system that the State Board delegates to the Superintendent of Public Instruction.
(6)	To create a special fund within the Department of Public Instruction to manage funds received as grants from nongovernmental sources in support of public education. Effective July 1, 1995, this special fund is transferred to the State Board of Education and shall be administered by the State Board in accordance with G.S. 115C-410.
	(b)	Duties as Secretary to the State Board of Education. –Subject to the direction, control, and approval of the State Board of Education, it shall be the duty of the Superintendent of Public Instruction:
(1)	To administer through the Department of Public Instruction, the instructional policies established by the Board.
	(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 secretary; 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. 4.  Article 5 of Chapter 143A of the General Statutes is amended by adding three new sections to read:
"§ 143A-39.  Creation.
There is hereby created a Department of Public Instruction.  The head of the Department of Public Instruction is the State Board of Education.  Any provision of G.S. 143A-9 to the contrary notwithstanding, the appointment of the State Board of Education shall be as prescribed in Article IV, Section 4(1)	of the Constitution.
"§ 143A-40.  State Board of Education; transfer of powers and duties to State Board.
The State Board of Education shall have all powers and duties conferred on the Board by this Article, delegated to the Board by the Governor, and conferred by the Constitution and laws of this State.
"§ 143A-42.  Superintendent of Public Instruction; creation; transfer of powers and duties.
The office of the Superintendent of Public Instruction, as provided for by Article III, Section 7 of the Constitution, and the Department of Public Instruction are transferred to the Department of Public Instruction.  The Superintendent of Public Instruction shall be the Secretary and Chief Administrative Officer of the State Board of Education, and shall have all powers and duties conferred by the Constitution, by the State Board of Education, Chapter 115C of the General Statutes, and the laws of this State."
Sec. 5.  The State Board of Education shall review all State laws and policies governing the public school system to ensure their compliance with the intent of this act to restore constitutional authority to the State Board.  The Board shall complete this review and make any recommendations for additional statutory changes to the General Assembly by May 1, 1995.
Sec. 6.  This act is effective upon ratification.