ASHEVILLE CITY SCH. BD. APPT/ELECTIONS. (NEW)

View NCGA Bill Details2021
House Bill 400 (Local) Filed Wednesday, March 24, 2021
AN ACT TO CHANGE THE ASHEVILLE CITY BOARD OF EDUCATION FROM AN APPOINTED BOARD OF EDUCATION TO A BOARD OF EDUCATION WITH ELECTED MEMBERS AND TO INCREASE THE MEMBERSHIP OF THE ASHEVILLE CITY BOARD OF EDUCATION FROM FIVE MEMBERS TO SEVEN MEMBERS.
Intro. by Fisher, Turner, Ager.

Status: Ch. SL 2021-187 (Nov 30 2021)

SOG comments (3):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO CHANGE THE ASHEVILLE CITY BOARD OF EDUCATION FROM AN APPOINTED BOARD OF EDUCATION TO A BOARD OF EDUCATION WITH ELECTED AND APPOINTED MEMBERS AND TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE MEMBERS TO SEVEN MEMBERS.

Long title change

Senate committee substitute to the 3rd edition changed the long title. Previous title was AN ACT TO CHANGE THE ASHEVILLE CITY BOARD OF EDUCATION FROM AN APPOINTED BOARD OF EDUCATION TO A BOARD OF EDUCATION WITH ELECTED MEMBERS AND TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE MEMBERS TO SEVEN MEMBERS.

Long title change

Senate committee substitute to the 4th edition changed the long title. Previous long title was AN ACT TO CHANGE THE ASHEVILLE CITY BOARD OF EDUCATION FROM AN APPOINTED BOARD OF EDUCATION TO A BOARD OF EDUCATION WITH ELECTED MEMBERS, TO INCREASE THE MEMBERSHIP OF THE ASHEVILLE CITY BOARD OF EDUCATION FROM FIVE MEMBERS TO SEVEN MEMBERS, AND TO PROVIDE THAT SIX MEMBERS OF THE BUNCOMBE COUNTY BOARD OF EDUCATION BE ELECTED BY ELIGIBLE VOTERS FROM THE DISTRICT THOSE MEMBERS REPRESENT.

Bill History:

H 400/S.L. 2021-187

Bill Summaries:

  • Summary date: Nov 30 2021 - More information

    AN ACT TO CHANGE THE ASHEVILLE CITY BOARD OF EDUCATION FROM AN APPOINTED BOARD OF EDUCATION TO A BOARD OF EDUCATION WITH ELECTED MEMBERS AND TO INCREASE THE MEMBERSHIP OF THE ASHEVILLE CITY BOARD OF EDUCATION FROM FIVE MEMBERS TO SEVEN MEMBERS. SL 2021-187. Enacted Nov. 30, 2021. Effective Nov. 30, 2021, except as otherwise provided.


  • Summary date: Oct 6 2021 - More information

    Senate committee substitute to the 4th edition makes the following changes. 

    Deletes the proposed changes to Section 4 of SL 1975-532, as amended, requiring the candidates of the Buncombe County Board of Education representing districts to be voted on by the eligible voters residing in that district, and the candidate representing the Buncombe County School Administrative Unit at large to be voted on at large by the eligible voters residing in the Buncombe County School Administrative Unit; and eliminating the requirement that the Buncombe County Board of Education be elected by nonpartisan election. 

    Makes conforming changes the act's titles. 


  • Summary date: Aug 25 2021 - More information

    Senate committee substitute to the 3rd edition makes the following changes. 

    Previously, the act requires the Asheville City Board of Education (Board) to be composed of seven members beginning in 2022. Adds that three members must be appointed by the governing body of the City of Asheville and four members must be elected pursuant to the act. Provides that the Board must be composed of seven members elected to staggered four-year terms beginning in 2024. Makes conforming changes to eliminate previous provisions providing for staggered terms of members elected in 2022. Previously, provided for the terms of Board members serving at the time of the 2022 election to expire upon the qualification of members elected to the Board under the act. Instead, provides for the terms of the members appointed to the Board who are serving their terms at the time of the effective date of the act to expire as follows. Requires (1) the seats of the two members appointed to the Board in 2019 to expire in 2022 upon the qualification of the members elected to the Board in 2022 in accordance with the act, and (2) the seats of the three members appointed to the Board in 2021 to expire in 2024 upon the qualification of the members elected to the Board in 2024 in accordance with the act.

    Revises the proposed statutory repeals set forth to more specifically repeal Section 2 of SL 1947-255 (was, the entire session law), concerning the Board. Makes formatting changes to the proposed repeals. 

    Adds the following.

    Amends Section 4 of SL 1975-532, as amended, to require the candidates of the Buncombe County Board of Education representing districts to be voted on by the eligible voters residing in that district, and the candidate representing the Buncombe County School Administrative Unit at large to be voted on at large by the eligible voters residing in the Buncombe County School Administrative Unit (currently, requires candidates of the Buncombe County Board of Education and the Buncombe County School Administrative Unit to be voted on at large by the eligible voters residing in the Administrative Unit). Also eliminates the requirement that the Buncombe County Board of Education be elected by nonpartisan election. Makes language gender neutral. Makes technical and clarifying changes. 

    Changes the act's titles. 


  • Summary date: May 5 2021 - More information

    House committee substitute to the 2nd edition makes the following changes. Makes a clarifying change to the term of the chair of the Asheville City Board of Education. 


  • Summary date: Apr 21 2021 - More information

    House committee substitute to the 1st edition makes the following changes. Requires that all seven members of the Asheville City Board of Education (Board), beginning in 2022, be elected using the nonpartisan primary and election method, removing the requirement that three of the members be appointed by Asheville's governing body. Makes changes throughout to remove references to the appointment of members. Specifies that Board members are to be elected at the time of the general election in each even-numbered year, and that the primary is to be on the date provided by GS 163-1 for county partisan primaries. Requires notice of candidacy to be filed on the schedule under GS 163-106.2 instead of GS 163-106(c) (which did not set out such schedule). Requires that members take office at the first regular meeting of the Board in December (was, June) following their election.

    Amends the provision creating staggered terms to now require that: (1) the four candidates receiving the highest number of votes serve four-year terms, and those seats will be up for election in 2026 and every four years thereafter and (2) the three candidates receiving the next highest number of votes serve two-year terms, with those seats up for election in 2024 and every four years thereafter. Clarifies that the terms of Board members serving at the time of the 2022 election expire upon the qualification of members elected to the Board under this act.

    Adds the repeal of SL 1953-745 and SL 1985-20.

    Makes additional conforming, clarifying, and technical changes. Changes the act's titles.


  • Summary date: Mar 24 2021 - More information

    Requires that the Asheville City Board of Education (Board), beginning in 2022, be composed of seven members, with four of those members elected using the nonpartisan primary and election method, and with three of the members appointed by Asheville's governing body.

    Requires, beginning in 2022, that four members of the Board be elected using the nonpartisan primary and election method, with the primary held on the date provided by statute for county partisan primaries. Sets out provisions for conducting the election, for filing notice of candidacy, and printing candidate names on ballots without reference to any party affiliation. Specifies that any qualified voter residing in the Asheville City Administrative Unit will be eligible to vote in the general election for all candidates. Provides that members take office at the first regular Board meeting in June following their election, upon which the terms of their predecessors expire. Provides for filling vacancies.

    Sets out the following requirements for the 2022 election in order to set up staggered terms: (1) the two members receiving the highest number of votes are to serve four-year terms, and those seats will be up for election in 2026 and every four years thereafter and (2) the two members receiving the next highest number of votes are to serve two-year terms, with those seats up for election in 2024 and every four years thereafter. Specifies that successors to members elected in 2022 serve four-year terms.

    Requires, beginning in 2022, that the governing body of the City of Asheville appoint three members to the Board, with terms beginning at the first regular meeting of the Board in June. Requires the appointed members to be residents of the City and be known to be in favor of public education and interested in the welfare of the schools, to be appointed with the sole object in view of maintaining the efficiency of the schools and without any partisan prejudice or bias. Provides for filling vacancies. Sets out the following requirements for the appointments in 2022 in order to create staggered terms: (1) two members are to be appointed to serve four-year terms, and those seats will up for reappointment in 2026 and every four years thereafter and (2) one member is to be appointed to serve a two-year term, with the seat up for reappointment in 2024 and every four years thereafter. Specifies that successors serve four-year terms.

    Provides that terms of members appointed to the Board who are serving their terms in 2022 expire upon the qualification of members elected and appointed to the Board in accordance with this act.

    Provides for the election of a chair, establishing a quorum, and compensation of Board members.

    Repeals SL 1947-255, as amended, concerning the Board.

    Applies to elections conducted and appointments made on or after the date that this act becomes law. 


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