SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS.

View NCGA Bill Details2015-2016 Session
House Bill 561 (Public) Filed Thursday, April 2, 2015
AN ACT TO MODIFY THE AUTHORITY OF SCHOOL SYSTEMS WITH REGARD TO LEGAL PROCEEDINGS AND INVESTIGATIONS AND TO DIRECT THE PROGRAM EVALUATION DIVISION TO STUDY THE PROCESS OF RESOLVING EDUCATION FUNDING DISPUTES BETWEEN LOCAL BOARDS OF EDUCATION AND BOARDS OF COUNTY COMMISSIONERS.
Intro. by Blackwell, Glazier.

Status: Ch. SL 2016-116 (House Action) (Jul 28 2016)

SOG comments (2):

Change Long Title

Senate amendment to 2nd edition changed long title. Long title was AN ACT TO MODIFY THE AUTHORITY OF SCHOOL SYSTEMS WITH REGARD TO LEGAL PROCEEDINGS AND INVESTIGATIONS.

Long Title Change

Conference report to the 2nd edition made changes to the long title. The original title was as follows:

AN ACT TO MODIFY THE AUTHORITY OF SCHOOL SYSTEMS WITH REGARD TO LEGAL PROCEEDINGS AND INVESTIGATIONS, AND TO ESTABLISH A FIVE-YEAR MORATORIUM ON FILING OF ACTIONS BY LOCAL BOARDS OF EDUCATION CHALLENGING THE SUFFICIENCY OF LOCAL FUNDS APPROPRIATED TO THE PUBLIC SCHOOLS BY THE BOARD OF COUNTY COMMISSIONERS.

Bill History:

H 561/S.L. 2016-116

Bill Summaries:

  • Summary date: Aug 2 2016 - More information

    AN ACT TO MODIFY THE AUTHORITY OF SCHOOL SYSTEMS WITH REGARD TO LEGAL PROCEEDINGS AND INVESTIGATIONS AND TO DIRECT THE PROGRAM EVALUATION DIVISION TO STUDY THE PROCESS OF RESOLVING EDUCATION FUNDING DISPUTES BETWEEN LOCAL BOARDS OF EDUCATION AND BOARDS OF COUNTY COMMISSIONERS. Enacted July 28, 2016. Section 3 is effective July 28, 2016. The remainder is effective October 1, 2016.


  • Summary date: Jun 30 2016 - More information

    Conference report #2 makes the following changes to the 2nd edition.

    Changes the long title.

    Makes a technical change to proposed subdivision (5) of GS 115C-321(a).

    Amends GS 115C-45(a), concerning the judicial functions of a local board of education, to establish that the local boards of education may request the chief district court judge or judge's designee to grant approval for the local board of education to issue a subpoena for the production of tangible things (previously, subpoenas for the production of tangible things may be issued by the local board without judicial approval) in matters where an employee is suspected of committing job-related misconduct and which, in the discretion of the board (previously, the board or superintendent), require investigation. Establishes that subpoenas for the production of tangible things may include, but are not limited to, documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic communications, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics. Sets out four factors the judge must consider in making the determination to approve the subpoena: (1) whether the subpoena allows reasonable time for compliance, (2) if the subpoena requires disclosure of privileged or other protected matter and if any exception or waiver applies to the privilege or protection, (3) whether the individual would be subject to undue burdens or expenses, and (4) whether the subpoena is otherwise unreasonable or oppressive.

    Changes the effective date of Sections 1 and 2 to October 1, 2016 (previously, October 1, 2015).

    Directs the Program Evaluation Division (PED) to conduct a comprehensive study of the procedure set out in Article 31 of GS Chapter 115C for resolving education funding disputes between local boards of education and boards of county commissioners. Specifies information required to be included in the study.

    Requires the PED to report its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee no later than May 17, 2017. Mandates all State departments and agencies, local governments, local boards of education, and their subdivisions to provide any necessary information, data, or documents within their possession, ascertainable from their records, or otherwise available to them to the PED to complete the review and study.


  • Summary date: Jun 29 2016 - More information

    Conference report makes the following changes to the 2nd edition.

    Recedes from Senate amendment #1.

    Changes the long title.

    Changes the effective date of Sections 1 and 2 to October 1, 2016 (previously, October 1, 2015).

    Directs the Program Evaluation Division (PED) to conduct a comprehensive study of the procedure set out in Article 31 of GS Chapter 115C for resolving education funding disputes between local boards of education and boards of county commissioners. Specifies information required to be included in the study.

    Requires the PED to report its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee no later than May 17, 2017. Mandates all State departments and agencies, local governments, local boards of education, and their subdivisions to provide any necessary information, data, or documents within their possession, ascertainable from their records, or otherwise available to them to the PED to complete the review and study.


  • Summary date: Jul 21 2015 - More information

    Senate amendment makes the following changes to the 2nd edition.

    Amends the act's long title.

    Amends GS 115C-321(a), making a technical change. 

    Amends GS 115C-45(a) concerning the issuance of subpoenas by local boards of education, providing that a subpoena for the production of all tangible things in matters concerning job-related misconduct and subsequent investigation is allowed only after the chief district court judge or designee has granted approval for such a subpoena (previously, subpoena issuance did not require judicial approval). Sets out four factors the judge must consider in granting or denying a request for such a subpoena: (1) whether the subpoena allows reasonable time for compliance, (2) if the subpoena requires the disclosure of privileged information and if any exception or waiver exists to the privilege or protection, (3) whether the individual would be subject to undue burdens or expenses, and (4) whether the subpoena is unreasonable or oppressive. Makes organizational changes. 

    Provides that local boards of education cannot file legal actions against the board of county commissioners concerning the sufficiency of appropriations for the fiscal years beginning in 2015 and ending in 2020. Does not apply to legal actions filed prior to the date the act becomes law. 

    Amends the effective date provisions, providing that Section 2 of the act concerning subpoenas from local boards of education is effective October 1, 2015, with the remainder of the act effective when the act becomes law (previously, the entire act was effective October 1, 2015). 


  • Summary date: Apr 15 2015 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 115C-321(a) concerning the privacy of personnel files of employees of local boards of education, adding language which provides that the allowed disclosure of personnel files to a state or federal agency that has a quasi-judicial function or a court of law must be limited to the records of the employee that filed the claim and then only allowed to the extent necessary to defend the board of education.

    Makes clarifying changes.

    Amends GS 115C-45(a) concerning the judicial functions of a local board of education, adding clarifying language that subpoenas for the production of tangible things can be issued in matters where job-related misconduct is suspected and it is deemed that an investigation is required. 


  • Summary date: Apr 6 2015 - More information

    Amends GS 115C-321(a) concerning the privacy of personnel files of employees of local boards of education, adding language that allows the inspection and examination of such records by any state or federal administrative agency that has a quasi-judicial function or to any court of law only when necessary to adequately defend against claims by a current or former employee for any alleged act or omission arising during the course and scope of his or her official duties or employment. 

    Amends GS 115C-45(a) concerning the judicial functions of a local board of education, providing that it has the power to issue subpoenas for the production of all tangible things, including documents, papers, letters, maps, and so forth. 

    Effective October 1, 2015.


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