Bill Summary for H 561 (2015-2016)

Summary date: 

Jul 21 2015

Bill Information:

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.

View: All Summaries for BillTracking:

Bill summary

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). 

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view