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.
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).
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