A BILL TO BE ENTITLED
AN ACT creating the legislative special commission on the efficiency and effectiveness of the department of public instruction and the state board of education and appropriating funds for that purpose as recommended by the joint legislative education oversight committee.
The General Assembly of North Carolina enacts:
SECTION 1.  There is hereby created the Legislative Special Commission on Efficiency and Effectiveness of the Department of Public Instruction and the State Board of Education.  The purpose of the Commission is to review the mission, structure, programs, budgets, accountability, efficiency, and effectiveness of the Department of Public Instruction and the State Board of Education.
SECTION 2.  The Commission shall consist of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President Pro Tempore of the Senate. The Speaker of the House of Representatives shall designate one representative as cochair, and the President Pro Tempore of the Senate shall designate one senator as cochair.  Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment. 
The appointments shall be made, and the Commission shall begin its work prior to September 1, 2008.
SECTION 3.  In performing the legislative review of the Department of Public Instruction and the State Board of Education, the Commission shall:
(1)	Consider the mission of the Department to support local educational agencies in their efforts to provide high-quality educational services and foster high student performance and achievement, as set out in the statutes and in the rules, policies, and practices of the Department.
(2)	Evaluate the efficiency and effectiveness of the Department of Public Instruction in furthering the missions and goals of the Department, including any proposed revisions. This evaluation shall include (i) the role of the Department of Public Instruction, its administrative structure, organization, accountability, and its statutory powers and duties; (ii) the role of the State Board of Education as the head of the Department of Public Instruction, its composition, organization, independence, representation of local education agencies and the citizens of the State on the State Board of Education, and constitutional and statutory powers and duties; and (iii) the role of the State Superintendent as secretary and chief administrative officer of the State Board, the State Superintendent's selection, and the State Superintendent's constitutional and statutory powers and duties, including the election or appointment of the State Superintendent.
(3)	Evaluate the efficiency and effectiveness of the statewide student testing program, the data collection and data management program, the curriculum and instruction program, the financial services program, the school support services program, and any other program within the Department that has an impact on student performance and positive educational outcomes.
(4)	Assess the activities performed in each program, the major benefits provided by the program, the current funding and staffing levels for the program, the rationale for the funding and staffing levels, and the administrative and other overhead costs of the program.
(5)	Determine the appropriate level of funding and staff necessary to accomplish the goals and missions of the Department.
SECTION 4.  The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may meet at any time upon the joint call of the cochairs. The Commission may meet in the Legislative Building or the Legislative Office Building.
The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02. If the Commission hires a consultant, the consultant shall not be a State employee or a person currently under contract with the State to provide services.
All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.
SECTION 5.  The Commission shall report the results of its study and its recommendations to the 2009 General Assembly upon its convening and to the Joint Legislative Education Oversight Committee. The Commission shall terminate upon filing its final report or upon the convening of the 2009 General Assembly, whichever is earlier.
SECTION 6.  There is appropriated from the General Fund to the General Assembly the sum of one hundred thousand dollars ($100,000) for the 2008‑2009 fiscal year for the expenses of the Legislative Special Commission on Efficiency and Effectiveness of the Department of Public Instruction and the State Board of Education.
SECTION 7.  This act becomes effective July 1, 2008.