House committee substitute to the 4th edition deletes the content of the previous edition and replaces it with the following. Makes conforming changes to the act’s titles.
Part I.
Enacts new Article 15A in GS Chapter 115A establishing the Northeast Regional School of Biotechnology and Agriscience (School), with the purpose of expanding student opportunities for educational success through high quality instructional programming in the northeastern region of the state. Allows the School to serve grades 7-12. Makes students domiciled in the counties of Beaufort, Bertie, Camden, Currituck, Dare, Edenton, Edgecombe, Gates, Halifax, Hertford, Hyde, Martin, Northampton, Pasquotank, Perquimans, Pitt, Tyrrell, and Washington eligible to attend the School. Requires the Board of Directors to establish criteria, standards, and procedures for admission. Allows the admission criteria to give priority to first generation students, defined as a student who has no parent who has completed a two- or four-year degree. Requires the admission criteria to include demonstrated academic achievement, demonstrated student interest in attendance, and documented parental support for student attendance. Requires students to be accepted by lot when the number of eligible students exceeds seats available.
Houses the School within the Department of Public Instruction for the purpose of distribution of State funds only. Specifies that the School is exempt from statutes and rules applicable to local boards of education or local school administrative units, except as otherwise provide in this Article and Article 7B.
Establishes the regional school board of directors (board) as the School’s governing board, consisting of members who meet the specified qualifications and residency requirements who are appointed by the Superintendent of Public Instruction, State Board of Education, Parent Advisor Council, and an institution of higher education partner. Members serve four-year terms. Provides for filling vacancies and removing members. Sets out requirements for board meetings. Requires the election of a chair and vice-chair who serve two-year terms; the chair may only vote to break a tie. Sets out the board’s corporate powers. Also sets out the board’s 25 powers and duties, including: (1) establishing the School’s academic program, including meeting specified requirements; (2) complying with the reporting requirements established by the State Board of Education in the Uniform Education Reporting System; (3) the board of directors must comply with the purchasing and contract statutes and regulations applicable to local school administrative units; (4) the board of directors must develop a plan to provide transportation to the students enrolled in the School, which may include entering into interlocal agreements with local school administrative units; and (5) the board of directors, to the extent practicable, must provide school food services to the School.
Requires a Parent Advisory Council (Council) that will be a resource and provide input to the board. Requires the board to consult the Council when considering changes to the School’s operations that may significantly impact students. Requires members to be parents or guardians of students enrolled in the School. Appointments to the Council are made by the Superintendent of Public Instruction and members serve for four years or until the member's child is no longer attending the School.
Requires the board to appoint all certified and noncertified staff and sets out provisions related to personnel requirements, including that the board must employ and contract with a principal for a term not to exceed three years and with necessary teachers, at least 50% of whom must hold teacher licensure (unless waived by the State Board of Education).
Requires the board to adopt a policy on whether and the circumstances under which school personnel are required to undergo a criminal history check. Sets out the requirements for the background checks. Requires the board to review the criminal history it receives on an individual and determine if the results of the review indicate that the individual: (1) poses a threat to the physical safety of students or personnel or (2) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as school personnel. Requires this information to be used when making employment decisions and decisions on independent contractors. Requires the board to make written findings with regard to how it used the information. Allows this duty to be delegated to the principal. Also requires the Board to give the State Board of Education the criminal history it receives on a person who is certificated, certified, or licensed by the State Board, which must then determine whether the person's certificate or license should be revoked. Sets out confidentiality provisions for the records. Provides that there is no liability for negligence on the part of the board or its employees, or the State Board of Education, the Superintendent of Public Instruction, or any of their members or employees, arising from any act taken or omission by any of them in carrying out the criminal history record check requirements. Makes it a Class A1 misdemeanor for any applicant for employment to willfully furnish, supply, or otherwise give false information on an employment application that is the basis for a criminal history record check. Allows the board to adopt a policy for uniform periodic checks of criminal history of employees.
Allows the board to contract with a local school administrative unit to serve as the board’s finance agent. Allows the School to request appropriations directly from a city.
Repeals Part 10 of Article 16 of GS Chapter 115C, concerning regional schools. Makes conforming changes throughout the following to refer to regional schools as the one established in this act (under new GS 115C-229.5) instead of regional schools created under GS 15C-238.62 (allowing any two or more local boards of education to create a regional school): GS 14-458.2(a) (concerning definitions applicable to Cyber-bullying of school employee by student); GS 58-31A-1(2) (concerning definitions applicable to Part 1, Public Education Property, of Article 31A); GS 115B-2(a)(6) (concerning tuition waivers by the constituent institutions of The University of North Carolina and community colleges); GS 115C-238.50A (concerning definitions for Part 9, Cooperative Innovative High School Programs, of Article 16); GS 126-5(c1)(8a) (concerning exemptions to the Chapter); and GS 143B-931(b) (concerning criminal record checks); GS 160A-700(d)(5) concerning funding for public education).
The above provision are effective July 1, 2024.
States the NCGA’s intent to provide funding to the School beginning with the 2024-25 school year.
Terminates the terms of members serving on the board as of the date this act becomes law on June 30, 2025. Requires initial appointments to the board to be made for terms beginning July 1, 2025. Sets out the terms for appointments that begin on that date.
Vets the title to and ownership of all property of Northeast Regional School of Biotechnology and Agriscience, established as provided in Part 10 of Article 16 of GS Chapter 115C, both real and personal of every kind and description, in the School established in this act by July 1, 2024. Passes all claims and demands to the School by July 1, 2024, and gives the board the same powers and authority to enforce said claims and demands. Makes obligations and liabilities of the previous school the obligations of the new School by July 1, 2024, and allows such obligations and liabilities to be enforced against the board to the same extent that they might have otherwise been enforced
Part II.
Amends GS 116-209.25 (establishing parental trust funds for higher education) to enact new subsection GS 116-209.25(c2) setting forth protections for North Carolina education savings and investment accounts as follows. Exempts funds located in an education savings and investment account of the Parental Savings Trust Fund or withdrawn from the account and used for expenses permitted under section 529 of the Internal Revenue Code (IRS Code) (governing qualified tuition programs) from liens, attachment, garnishment, levy, seizure, any involuntary sale or assignment by operation or execution of law, or the enforcement of any other judgment or claim to pay any debt or liability of any account owner, beneficiary, or contributor to a plan. States that the new subsection (c2) will not affect any protection from creditors under GS 1C-1601(a)(10) (setting forth exemptions of certain property from the claims of creditors) for education savings and investment accounts that are not part of the Parental Savings Trust Fund.
Makes conforming changes to GS 1C-1601(10) (governing the educational savings plan creditor exemption) to refer to the new subsection and to change references to "college savings plan" to "education savings and investment account." Changes the permitted use of exempted funds from the college or university expenses for a child of the debtor to expenses for a child of the debtor permitted under the IRS Code.
Adds new section enacting GS 147-86.47 to Article 6F of GS Chapter 147 exempting funds located in an ABLE account (savings accounts for people with disabilities where the disability occurred before the age of 26) or withdrawn from the account and used for expenses permitted under section 529A of the Internal Revenue Code (governing qualified tuition payments) from liens, garnishment, attachment, and judgment and other debt collection devices. Specifies that funds may still be distributed upon the death of the account holder as provided by law.
Applies to actions filed on or after November 1, 2023.
Part III.
Enacts new GS 160D-913.1 (pertaining to school sites in residential zones), providing as follows. Defines school to mean a building or group of buildings that are primarily used for the instruction of students in a pre-kindergarten program or in a grade from kindergarten to grade 12, and includes both (i) schools within public school units and (ii) nonpublic schools.
Requires that schools be permitted, by right, in an area zoned for residential use if: (1) the site of the school is located on 30 or more contiguous acres of land, which may be comprised of one or more parcels of land; (2) the site of the school is not situated within an existing residential subdivision as to cause discontinunity in the subdivision, but may be adjacent to an existing residential subdivision; (3) the county in which the school is to be sited has a population of at least 200,000 residents as of the most recent decennial census; (4) the county in which the school is to be sited has a population density of at least 300 people per square mile as of the most recent decennial census; (5) the county in which the school is to be sited has a land area of at least 200 square miles; and (6) the site of a school containing any combination of kindergarten through grade eight has at least one boundary located along either a State-maintained road or highway or a city-maintained street or the site of a school containing any combination of grades nine through twelve has at least one boundary along a major or minor thoroughfare, as designated by the thoroughfare plan approved by the metropolitan planning organization or rural transportation planning organization with jurisdiction over the area, that is maintained by either the State or a city.
Specifies that further expansion of any such school cited under GS 160D-913.1 is subject to all applicable zoning ordinances and cannot receive permitted use beyond the original boundaries. Provides that a permitted school will not be subject to any changes or additions made to the restrictions and requirements placed on schools by the governing body for five years from the date the permit is issued. Limits any restrictions placed on a school as part of the permitting process to those that are the restrictions and requirements the governing body could impose under any other law or ordinance. Requires the governing entity of the school to inquire in writing, of the public water system, public sewers system, or public water and sewer system, currently serving the site or closest to the site as to whether that public system has capacity to serve the proposed school facility. Sets forth process and timeframes for response by the public systems listed above. Provides for the public system to reserve resources for the school for 24 months from the date of the written inquiry unless it does not have capacity or under a moratorium precluding expansion.
Enacts new GS 160D-917, requiring that in areas zoned for commercial use, zoning regulations must permit, by right or by special use, the siting of a school building that is primarily used for the instruction of students and is under the control of a public school unit.
Part IV.
Requires all constituent institutions offering degrees, certifications, or training related to health care to provide the public with the criteria for evaluating applicants for admission to the institution or program. Requires that the public information include a rubric detailing the weight placed upon each admissions criterion, including standardized test scores, grades, class rigor, personal statements, interviews, and any other factors used to determine admission. Requires each of these institutions to annually report to the UNC Board of Governors (BOG) on the prior year's applicants for admission to programs related to health care. Sets out items that must be included in the report with information de-identified separately for both applicants and admitted students, disaggregated by race. Requires the BOG to create and annually update an electronic dashboard of all reported information that consolidates the information submitted by each constituent institution. Also requires the BOG to update the specified NCGA committee when the dashboard has been updated. Requires the BOG to designate the degrees, certifications, and trainings that relate to health care. Applies beginning with reports due September 15, 2024.
Part IV-A.
Amends GS 115C-81.45 (pertaining to civic literacy, amongst other things) to now require that either the week of Patriot’s Day (September 11) or the week of Constitution Day (September 17) be a civic focus week. Requires that local boards of education give civic youth groups (Big Brothers Big Sisters of America, Boy Scouts of America, Boys and Girls Clubs of America, Future Farmers of America, or Girl Scouts of the United States of America) opportunities in each school to address students during these weeks to address how involvement can further students' educational interests and civic participation to improve their schools, communities, and themselves. Sets out the procedure for the group to provide notice to the school’s principal and for the principal’s approval. Requires the group to be given at least 10 minutes during the instructional day to address students. Allows a principal to designate a single event to observe a civic focus week when all civic youth groups may address students, with time allocated equally among the groups; sets out additional time limitations on such an event. Requires the same opportunity to be given by charter schools (GS 115C-218.75), regional schools (GS 115C-238.66), and laboratory schools (GS 116-239.8). Applies beginning with the 2024-25 school year.
Part IV-B.
Enacts new GS 145-52, adopting the Kidzu Children’s Museum as the official State children’s museum.
Part IV-F.
Amends GS 115C-12 (powers and duties of the State Board of Education [Board]) as follows. Removes the Board’s power to accredit schools. Changes the Board’s power from submitting a budget request directly to the Director of the Budget to preparing a budget request for the Superintendent of Public Instruction (SPI) to be submitted in conjunction with the SPI’s request for the Department of Public Instruction (DPI). Removes the Board’s power to develop and make available to teachers and parents support materials, including teacher and parent guides, academic content standards and instead gives this power to the SPI. Expands GS 115C-21(a), the administrative duties of the SPI, to also include: (1) enter into contracts equal to or less than $2.5 million; (2) to review comprehensive plans to revise content standards in core academic areas and to provide recommendations, and (3) to create advisory councils or commissions as DPI deems necessary. Makes conforming changes to Board and SPI duties.
Enacts new GS 115C-420 (Board approval of contracts) to require the SPI to present contracts larger than $2.5 million to the Board for approval. Provides that the SPI does not have to present contracts for $2.5 million or less to the Board. Specifies that contract amounts cannot be aggregated with other contracts.
CHANGES IN EDUCATION LAWS. (NEW)
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MAKE VARIOUS CHANGES TO EDUCATION LAWS.Intro. by Galey, Johnson, McInnis.
SOG comments (2):
Long title change
Committee substitute to the 4th edition changed the long title. Previous long title was AN ACT TO CLARIFY THE AUTHORITY OF THE PRESIDENT OF THE COMMUNITY COLLEGES SYSTEM, TO MAKE CHANGES TO THE APPOINTMENTS TO THE STATE BOARD OF COMMUNITY COLLEGES AND LOCAL BOARDS OF TRUSTEES, AND TO MAKE TECHNICAL CHANGES TO STATUTES GOVERNING COMMUNITY COLLEGES.
Bill History:
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Thu, 6 Apr 2023 Senate: Filed
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Thu, 6 Apr 2023 Senate: Filed
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Mon, 10 Apr 2023 Senate: Passed 1st Reading
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Mon, 10 Apr 2023 Senate: Passed 1st Reading
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Wed, 19 Apr 2023 Senate: Reptd Fav Com Substitute
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Wed, 19 Apr 2023 Senate: Com Substitute Adopted
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Wed, 19 Apr 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 19 Apr 2023 Senate: Reptd Fav Com Substitute
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Wed, 19 Apr 2023 Senate: Com Substitute Adopted
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Wed, 19 Apr 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 24 Apr 2023 Senate: Reptd Fav
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Mon, 24 Apr 2023 Senate: Reptd Fav
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Tue, 25 Apr 2023 Senate: Withdrawn From Cal
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Tue, 25 Apr 2023 Senate: Re-ref Com On Education/Higher Education
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Tue, 25 Apr 2023 Senate: Withdrawn From Cal
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Tue, 25 Apr 2023 Senate: Re-ref Com On Education/Higher Education
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Mon, 1 May 2023 Senate: Reptd Fav Com Substitute
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Mon, 1 May 2023 Senate: Com Substitute Adopted
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Mon, 1 May 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 1 May 2023 Senate: Reptd Fav Com Substitute
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Mon, 1 May 2023 Senate: Com Substitute Adopted
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Mon, 1 May 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 2 May 2023 Senate: Reptd Fav
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Tue, 2 May 2023 Senate: Reptd Fav
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Wed, 3 May 2023 Senate: Amend Adopted A1
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Wed, 3 May 2023 Senate: Amend Tabled A2
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Wed, 3 May 2023 Senate: Amend Adopted A4
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Wed, 3 May 2023 Senate: Amend Failed A3
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Wed, 3 May 2023 Senate: Amend Tabled A5
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Wed, 3 May 2023 Senate: Passed 2nd Reading
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Wed, 3 May 2023 Senate: Passed 3rd Reading
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Wed, 3 May 2023 Senate: Engrossed
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Wed, 3 May 2023 Senate: Amend Adopted A1
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Wed, 3 May 2023 Senate: Amend Tabled A2
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Wed, 3 May 2023 Senate: Amend Adopted A4
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Wed, 3 May 2023 Senate: Amend Failed A3
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Wed, 3 May 2023 Senate: Amend Tabled A5
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Wed, 3 May 2023 Senate: Passed 2nd Reading
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Wed, 3 May 2023 Senate: Passed 3rd Reading
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Wed, 3 May 2023 Senate: Engrossed
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Thu, 4 May 2023 Senate: Special Message Sent To House
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Thu, 4 May 2023 House: Special Message Received From Senate
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Thu, 4 May 2023 House: Passed 1st Reading
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Thu, 4 May 2023 Senate: Special Message Sent To House
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Thu, 4 May 2023 House: Special Message Received From Senate
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Thu, 4 May 2023 House: Passed 1st Reading
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Thu, 21 Sep 2023 House: Reptd Fav Com Substitute
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Thu, 21 Sep 2023 House: Cal Pursuant Rule 36(b)
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Thu, 21 Sep 2023 House: Added to Calendar
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Thu, 21 Sep 2023 House: Amend Failed A1
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Thu, 21 Sep 2023 House: Passed 2nd Reading
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Thu, 21 Sep 2023 House: Passed 3rd Reading
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Fri, 22 Sep 2023 House: Special Message Sent To Senate
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Fri, 22 Sep 2023 Senate: Special Message Received For Concurrence in H Com Sub
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Fri, 22 Sep 2023 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
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Bill S 692 (2023-2024)Summary date: Sep 21 2023 - View Summary
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Bill S 692 (2023-2024)Summary date: May 3 2023 - View Summary
Senate amendments to the 3rd edition make the following changes.
Amendment #1 adds the following. Requires the Avery County, Mitchell County, and Yancey County Boards of Commissioners to each elect two Mayland Community College trustees. Allows each to elect up to one commissioner as a trustee. Allows the Union County Board of Commissioners to elect three South Piedmont Community College trustees, one of whom may be a county commissioner, and the Anson County Board of Commissioners to elect two, one of whom may be a county commissioner. Requires for the Vance-Granville Community College Board of Trustees, that the following be elected: (1) four by the Vance County Board of Commissioners, one of whom may be a county commissioner; (2) three by the Granville County Board of Commissioners, one of whom may be a county commissioner; (3) two by the Franklin County Board of Commissioners, one of whom may be a county commissioner; and (4) one by the Warren County Board of Commissioners, who may be a county commissioner.
Amendment #4 makes a clarifying change to the effective date of GS 115D-6.1.
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Bill S 692 (2023-2024)Summary date: May 1 2023 - View Summary
Senate committee substitute to the 2nd edition makes the following changes.
Deletes amendment to GS 115D-1(b) which would have declared the President of the NC Community Colleges System (President) is the chief administrative officer and has executive authority over the Community Colleges System office. Deletes changes to definitions in GS 115D-2 that would have added and defined the term President; makes conforming changes throughout by removing provisions related to the President.
Deletes amendment to GS 115D-3, which would have placed the Community Colleges System Office (CCSO) under the direction of the President instead of the State Board. Deletes amendments to GS 115D-4.1, which would have changed the recipient of the report on the academic performance of transfer students to require the report to be made to the System Office instead of the State Board and which would have required the President instead of the State Board to review the reports and determine if transfer students are performing adequately. Deletes amendments to GS 115D-5 which would have given the President the power to execute policies adopted by the State Board. Deletes new GS 115D-5.3 which would have allowed community college courses for teaching profession through residency licensure and the Motorcycle Safety Instruction Program, and that would have allowed community colleges to teach curriculum courses at any time during the year, including the summer term. Deletes amendments GS 115D-6 that would have required the President to find the already listed conditions before the State Board may withdraw or withhold State funds.
Amends new GS 115D-6.1 to delete the required contract term that the President must review each contract or contract renewal and make recommendations to the State Board for approval or disapproval and provision allowing the President to dismiss an institutional president or chief administrative officer for cause. Deletes the process for the President to approve a person selected by a local board as president or chief administrative officer. Makes conforming change. Makes conforming and technical changes to GS 115D-20 (powers and duties of trustees) to account for new GS 115D-6.1.
Deletes amendments to GS 115D-6.5 that would have required the President to make findings concerning noncompliance by a board of trustees, and required reporting those findings to the State Board when a board of trustees has failed to or refused to comply. Deletes amendments to GS 115D-9 that would have given the President, instead of the State Board, power to take specified actions with respect to designing, construction, repair, or renovation of property of the System requiring the expenditure of $4 million or less.
Narrows the scope of the individuals whose actions are not subject to judicial review for certain actions in new GS 115D-10 specifying that only actions taken by the State Board (was, State Board and President) affecting a local board of trustees or a person elected as president or chief administrative officer of an institution under the following are not subject to judicial review: GS 115D-6, GS 115D-6.1, GS 115D-6.5, and GS 115D-19.
Deletes changes to GS 115D-11.6 (Apprenticeship Council). Deletes changes to GS 115D-15 that would have required prior approval from the President, instead of the System Office, before a board of trustees could convey a right-of-way or easement for highway construction or for utility installations or modifications. Deletes amendments to GS 115D-19 that would have changed the process for the removal of a member of a board of trustees of an institution. Deletes new GS 115D-19.1, which would have allowed a college president to be dismissed for any of the causes outlined in the mandatory contract terms adopted by the State Board. Deletes amendments to GS 115D-20 that would have changed the the powers of the trustees of each institution concerning the election of a president or chief administrative officer. Deletes GS 115D-33, which would have made the President, instead of the State Board, responsible for proving funds for the establishment and operation of an institution have been approved by voters before recommending approval to the State Board. Deletes amendments to GS 115D-72, which would have deleted the requirement that the Motorcycle Safety Instruction Program be implemented through the CCSO at institutions that choose to provide the program.
Amends GS 115D-5 by adding new subdivision (b3), which specifies that no course of instruction will be offered by any community college at State expense or partial State expense without the approval of the State Board.
Amends GS 115D-12 provisions pertaining to trustees elected to the Board of Trustees by county officials. Now specifies that those members may be elected by the board of commissioners of the county in which the main campus of the institution is located, one of whom may be a county commissioner. In addition, each board of commissioners of any other county in the administrative area that provides plant funds to the institution must elect two additional trustees to the board, one of whom may be a county commissioner.
Amends GS 115D-13 to require each local board of trustees to submit certain information to the Legislative Library of the NCGA by August 1 each year.
Repeals SL 2014-73 (authorizing two county commissioners to serve on the board of Durham Technical College) and Section 2 of SL 2015-252 (pertaining to the composition of community college boards of trustees).
Makes organizational changes and conforming changes to the act's long title.
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Bill S 692 (2023-2024)Summary date: Apr 19 2023 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 115D-3 (pertaining to the Community Colleges System Office [System]) to permit the President to expend General Fund appropriations (was, required to receive appropriation) made by the NCGA for the operation of the System, as specified, and allows expending the funds in the manner deemed to maintain and advance the System Office's programs and services.
Amends new GS 115D-6.1 (requiring the State Board to develop contract terms that boards of trustees of community colleges must use when electing a president or chief administrative officer) to clarify in one of the required contract terms that the President of the NC Community Colleges System (President) can only dismiss the president or chief of staff for any of the causes listed in the contract’s list of causes for dismissal and termination.
Amends new GS 115D-10 to remove actions taken under GS 115D-19.1 (removal of a president) as an action that is not subject to judicial review. Amends GS 115D-19.1 to specify that the term president there means a president or chief administrative officer elected pursuant to GS 115D-20 and to permit an appeal of the decision of the President to the State Board of Community Colleges (State Board). Requires the State Board to make a final decision regarding the dismissal. Makes organizational changes.
Amends GS 115D-2.2 (State Board membership) to increase the number of members elected by the General Assembly from four being elected by the Senate and four being elected by the House of Representatives, to nine being elected by the Senate and nine by the House of Representatives.
Amends GS 115D-12(a) (pertaining to community college board of trustees) to delete provisions specifying the number and selection procedures of members. Permits the president of the student government or the chair of the executive board of the student body of each community college to be an ex officio nonvoting member if the board of trustees of the community college agrees. Makes organizational changes.
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Bill S 692 (2023-2024)Summary date: Apr 13 2023 - View Summary
Part I.
Amends GS 115D-1 by adding that the President of the North Carolina Community Colleges System (System) is the chief administrative officer and has executive authority over the Community Colleges System Office (System Office). Amends GS 115D-2 by adding and defining the term President as it is used in GS Chapter 115D as the President of the North Carolina Community Colleges System.
Amends GS 115D-3 to place the System Office under the direction of the President instead of the State Board of Community Colleges (State Board). Makes the President subject to confirmation by the NCGA. Sets out a process under which the State Board is to elect a President. No longer specifies that the State Board has all other powers, duties, and responsibilities delegated to the State Board of Education affecting the System Office not otherwise stated in GS Chapter 115D. Requires the President to receive appropriations made by the NCGA for the operation of the System, as specified, and allows expending the funds in the manner deemed to maintain and advance the System Office's programs and services. Allows the President, with the State Board's approval, to appoint advisory committees. Encourages the President to meet annually with the Superintendent of Public Instruction and UNC President to discuss educational matters of mutual interest and recommend policies to encourage the improvement of public education at every level in the State. Requires the President to approve any report that must be submitted by the System Office; reports approved by the President are not subject to approval by the State Board.
Enacts new GS 115D-3.1 setting out the procedure for the NCGA to confirm the President.
Amends GS 115D-4.1 by changing the recipient of the report on the academic performance of transfer students to require the report to be made to the System Office instead of the State Board; requires the President instead of the State Board to review the reports and determine if transfer students are performing adequately. Makes conforming changes. Requires the State Board to ensure that the community college takes steps recommended by the President to remedy problems with transfer student performance.
Amends GS 115D-5 to give the President the power (was, State Board) to execute policies adopted by the State Board. Limits the power of the State Board to approve the selection of an individual institution's chief administrative officer to require the individual to be recommended by the President, the process for which is set out in new GS 115D-6.1. Prohibits offering a course by any community college at State expense without approval of the State Board upon recommendation by the President; makes conforming changes. Requires the President to conduct periodic reviews of each community college. Moves existing provisions into new GS 115D-5.3 and adds that community colleges may offer the Motorcycle Safety Instruction Program.
Amends GS 115D-6 to require the President to find the already listed conditions before the State Board may withdraw or withhold State funds.
Enacts new GS 115D-6.1 to require the State Board to develop contract terms that boards of trustees of community colleges must use when electing a president or chief administrative officer and sets out required contract terms. Sets out the process for the President to approve a person selected by a local board as president or chief administrative officer. Applies to contracts entered into or renewed on or after the date this act becomes law.
Amends GS 115D-6.5 to require the President, instead of the State Board, to make findings concerning noncompliance by a board of trustees, and requires reporting those findings to the State Board when a board of trustees has failed to or refused to comply (was, willfully or as a result of gross negligence, failed or reused to comply) with laws, rules, and sound fiscal and management practices. Adds the President to the advisory board providing support and recommendations to a college that needs assistance with taking remedial action and makes the President chair of the committee. Makes conforming changes to the President's role in handing noncompliance.
Amends GS 115D-9 to give the President, instead of the State Board, power to take specified actions with respect to designing, construction, repair, or renovation of property of the System requiring the expenditure of $4 million or less. Makes conforming changes.
Enacts new GS 115D-10 specifying that actions taken by the State Board and President affecting a local board of trustees or president under the following are not subject to judicial review: GS 115D-6, GS 115D-6.1, GS 115D-6.5, GS 115D-19, and GS 115D-19.1.
Makes conforming changes to GS 115D-11.6 (Apprenticeship Council).
Amends GS 115D-15 to require prior approval from the President, instead of the System Office, before a board of trustees may convey a right-of-way or easement for highway construction or for utility installations or modifications. Makes conforming changes.
Amends GS 115D-19 by amending the process for the removal of a member of a board of trustees of an institution. Allows removal if: (1) the member is not capable of discharging, or is not discharging, the duties of his or her office as required by law or regulation or (2) the member is guilty of immoral or disreputable conduct. Requires the President to investigate any allegation that a member is engaging in conduct for which a member may be removed and requires reporting to the State Board findings when there is sufficient evidence that the member has engaged in such conduct. Moves forward with actions against the member if the State Board concurs in the findings. Makes conforming changes.
Enacts new GS 115D-19.1 allowing a college president to be dismissed for any of the causes outlined in the mandatory contract terms adopted by the State Board. Requires the President to investigate and notify the board of trustees if there is sufficient evidence that the president has engaged in prohibited conduct, at which time the contract is terminated. Specifies that this does not limit the authority of a board of trustees to hold a hearing and dismiss a president upon evidence known or presented to it.
Amends GS 115D-20 by amending the powers of the trustees of each institution concerning the election of a president or chief administrative officer by making conforming changes.
Amends GS 115D-33 by making the President, instead of the State Board, responsible for proving funds for the establishment and operation of an institution have been approved by voters before recommending approval of the institution.
Repeals GS 115D-62 which divided the State into six trustee association regions.
Makes additional technical, clarifying, and organizational changes.
Part II.
Reduces the membership of the State Board under GS 115D-2.2 by one by removing the person serving as president of the North Carolina Comprehensive Community College Student Government Association. Removes the Governor's appointees and makes a conforming increase in the number of members appointed by the NCGA from eight to 18. Requires the Board to elect a vice-chair. Decreases the number of times the State Board must meet annually from 10 to eight. Effective July 1, 2027, further amends the membership of the State Board by removing as members the Lieutenant Governor, Treasurer, and Commissioner of Labor, leaving only the NCGA's appointees; makes conforming changes.
Sets out staggered terms for members appointed by the NCGA in 2023, 2024, and 2027.
Part III.
Amends GS 115D-12 by reducing the number of members of colleges' boards of trustees by one and requires eight members to be appointed by the NCGA and four elected by the county board of commissioners (was, four elected by the board of education of the public schools where the institution is located, four elected by the county board of commissioners, four appointed by the governor, and the president of the student government or the chair of the executive board of the student body). Makes conforming changes.
Current members serving on a board of trustees of a community college as of the effective date of this act serve the remainder of their terms. Thereafter, members are appointed or elected in accordance with GS 115D-12, as amended. Provides that when a vacancy occurs in a seat that was elected by a local board of education or appointed by the Governor, the vacancy shall be filled as provided in GS 120-122 and as follows specified depending on whether the NCGA is in session.
Repeals the following:
(1) SL 1997-12, expansion of the College of Albemarle Board of Trustees.
(2) Section 2 of SL 1999-60, establishing the board of trustees of a new multicampus community college to serve the multiple-county administrative area of Anson and Union Counties.
(3) Section 2 of SL 2011-175, amending the Stanly Community College Board of trustees.
(4) SL 2015-12, amending the Tri-County Community College Board of Trustees.
(5) Section 1 of SL 2015-167, amending the Beaufort County Community College Board of Trustees.
(6) SL 2015-243, amending the Isothermal Community College Board of Trustees.
(7) SL 2015-252, amending the Central Carolina Community College Board of Trustees.
(8) SL 2018-15, amending the Cleveland Community College Board of Trustees.
(9) SL 2020-20, amending the Asheville-Buncombe Technical Community College Board of Trustees.
(10) Section 1 of SL 2021-52, amending the Isothermal Community College Board of Trustees.
(11) Section 5 of SL 2021-102, amending the Cleveland Community College Board of Trustees.
(12) SL 2022-10, amending the Rockingham Community College Board of Trustees.
Part IV.
Amends GS 116-11 to make conforming changes.
Committee substitute to the 1st edition changed the long title. Previous long title was AN ACT TO CLARIFY THE AUTHORITY OF THE PRESIDENT OF THE COMMUNITY COLLEGES SYSTEM, TO MAKE CHANGES TO THE APPOINTMENTS TO THE STATE BOARD OF COMMUNITY COLLEGES AND LOCAL BOARDS OF TRUSTEES, AND TO MAKE TECHNICAL CHANGES TO STATUTES GOVERNING COMMUNITY COLLEGES.