A BILL TO BE ENTITLED
AN ACT to establish a fair and orderly process for the disposition of complaints against local school board members.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑39 reads as rewritten:
"§ 115C‑39.  Removal of board members; suspension of duties by State Board.
	(a)	Policy. – The General Assembly finds that service on a local board of education is a public trust that requires each board member to demonstrate honesty, integrity, and ethical behavior and that the great majority of board members have demonstrated and continue to demonstrate these qualities. When board members do not display these qualities, public schools are hindered in their efforts to instill in students the moral and ethical values promoted under G.S. 115C‑81(h).
It is the policy of the State of North Carolina that members of local boards of education must exhibit honesty, integrity, and ethical behavior in their personal lives as well as in the performance of their duties as board members.
(a1)	Review of Evidence. – Complaint Against a Board Member. – Any person may submit evidence to the State Board of Education that a member of a local board of education:
 (1)	Is not capable of discharging, or is willfully failing to discharge, the duties of  the office as required by law, or  
(2)	Is guilty of illegal, immoral, or disreputable conduct that substantially impairs the member's ability to discharge the duties of the office. The entry of a plea of guilty or nolo contendere to, or the conviction of, any felony or any Class 1 or Class 2 misdemeanor shall be presumptive evidence of illegal, immoral, or disreputable conduct.
(a2)	Review of Evidence. – Upon receipt of such evidence, the chair of the State Board of Education shall, in his or her discretion, either (i) review the evidence to determine whether, if taken as true, it would be sufficient to establish either of the grounds set out in subsection (a1) of this section or (ii) refer the evidence to the entire Board to make the determination. The chair or the Board may consider evidence of illegal conduct that occurred prior to the person becoming a member of the local board as evidence of illegal, immoral, or disreputable conduct that substantially impairs the member's ability to discharge the duties of the office. The determination shall be based solely upon the evidence that has been submitted pursuant to subsection (a1) of this section. 
If the chair or the Board find that, if taken as true, the evidence would be sufficient to establish either of the grounds set out in subsection (a1) of this section, the chair or the Board shall notify the member against whom the complaint has been made and all other members of the local board.
(a3)	Investigation and Determination by the Local Board. – Upon receipt of notice under subsection (a2) of this section, the local board of education shall conduct a hearing to determine the truthfulness of the charges and whether the conduct substantially impairs the member's ability to perform the duties of the office. The local board shall provide the member with proper notice of the hearing and the opportunity to be represented by counsel, present evidence, and examine and cross‑examine witnesses. If the local board finds the charges to be true and that the conduct substantially impairs the member's ability to perform the duties of the office, it shall declare the office vacant. The local board shall record its findings in the official minutes of the board.
(b)	Suspension of Powers and Duties. – In the event the State Board of Education has appointed an interim superintendent under G.S. 115C‑105.39 and the State Board determines that the local board of education has failed to cooperate with the interim superintendent, the State Board shall have the authority to suspend any of the powers and duties of the local board and to act on its behalf under G.S. 115C‑105.39."
SECTION 2.  This act is effective when it becomes law.