Bill Summary for H 1031 (2017-2018)

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Summary date: 

Jun 13 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 1031 (Public) Filed Tuesday, May 29, 2018
AN ACT REPEALING THE STATUTORY AUTHORITY FOR A LOCAL BOARD OF EDUCATION TO FILE A LEGAL ACTION CHALLENGING THE SUFFICIENCY OF THE FUNDS APPROPRIATED BY THE BOARD OF COUNTY COMMISSIONERS, PROVIDING A FORMULA FOR DETERMINING THE AMOUNT OF FUNDS TO BE APPROPRIATED IN THE EVENT A BUDGET DISPUTE CANNOT BE RESOLVED BY MEDIATION, AND ESTABLISHING A WORKING GROUP TO ADDRESS FUND BALANCES MAINTAINED BY LOCAL BOARDS OF EDUCATION, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Intro. by Horn, Hurley, Lucas.

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Bill summary

House committee substitute makes the following changes to the 1st ed.:

Adds new subsection (b1) that embodies the provisions of the new subsection (f) in the previous edition, and modifies those provisions to clarify that the subject of mediation is the amount of money appropriated to the local current expense fund.  Modifies the formula for the sum to be appropriated for the fiscal year in dispute to now include, as the initial calculation in a new subdivision (1), the amount appropriated to the local current expense fund in the prior fiscal year that is expended in that year by the LEA or transferred as required by law divided by the sum of the average daily membership of the LEA plus the share of average daily membership of any innovative, charter, regional, or laboratory school whose students reside in the LEA for the prior school year.  Further modifies the formula calculation in subdivision (3) to provide that the amount calculated under that subdivision shall be multiplied by the sum of the allotted average daily membership for the school year plus the share of the average daily membership of any innovative, charter, regional, or laboratory school whose students reside in the LEA for the budget year in dispute.

Adds new subsection (b2) that embodies the provisions of the new subsection (g) in the previous edition, and makes identical changes to the formula for calculating the amount to be appropriated to the local current expense fund under that subsection.

Adds new subsection (b3) that embodies the provisions of the new subsection (h) in the previous edition and clarifies that the subsection applies only to the local current expense fund and not the capital outlay fund.

Eliminates repeal of subsection (c) and clarifies that that this subsection applies to mediation and legal challenges related to the amount of moneys to be appropriated to the capital outlay fund.

Eliminates repeal of subsection (d) and makes technical changes.

Eliminates repeal of subsection (e) and makes technical changes.

Modifies amendment to GS 115C-432(a) to clarify that this section applies to the capital outlay fund.

Expands the study to be conducted by the Local Government Commission and the School of Government to include disputes related to the capital outlay fund.