Bill Summary for H 823 (2011-2012)

Summary date: 

May 24 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 823 (Public) Filed Wednesday, April 6, 2011
TO AMEND THE NORTH CAROLINA CONSTITUTION TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION THE HEAD OF THE DEPARTMENT OF PUBLIC INSTRUCTION, TO MAKE THE STATE BOARD OF EDUCATION AN ADVISORY BODY, TO MODIFY THE MEMBERSHIP OF THE STATE BOARD OF EDUCATION, AND TO MAKE CONFORMING CHANGES TO THE GENERAL STATUTES.
Intro. by Holloway.

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Bill summary

House committee substitute makes the following changes to 1st edition.
Subject to approval by the voters at the May 8, 2012, statewide election (was, November 6, 2012 election), amends Section 4 of Article IX of the North Carolina Constitution to (1) make the Superintendent of Public Instruction (Superintendent) the chair and chief administrative officer of the State Board of Education (SBE), (2) require the Superintendent to appoint all state-level personnel necessary for the administration and supervision of the state’s public schools, (3) add a fourth at-large appointment to the SBE, (4) require that the General Assembly elect all at-large appointments, and (5) reduce the term of office for SBE members to overlapping terms of six years (was, made the Superintendent head of the Department of Public Instruction (DPI), made the State Board of Education (SBE) an advisory body, and served overlapping terms of eight years). Provides that if a majority of votes are cast in favor of these proposed constitutional amendments, then the amendments become effective January 1, 2013.
Modifies the membership of the SBE to include the Superintendent, the Lieutenant Governor, the Treasurer, eight members appointed by the Governor, two members elected by the House of Representatives, and two members elected by the Senate (was, modified the membership of the SBE to include the Superintendent, the Lieutenant Governor, the Treasurer, three appointees by the Governor, four appointees by the Speaker of the House of Representatives, and four appointees by the President Pro Tempore of the Senate). Provides that vacancies are to be filled by the appointing or electing authority for the unexpired term, and that appointments made by the Governor to fill vacancies are not subject to confirmation by the General Assembly.
Deletes the proposed conforming changes to multiple statutes, which transferred all the duties, powers, rights, and obligations of the SBE to the Superintendent and provided that the SBE serve as an advisory body to the Superintendent.
Rewrites the title as AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION A MEMBER OF AND CHAIR OF THE STATE BOARD OF EDUCATION, TO REQUIRE THE SUPERINTENDENT OF PUBLIC INSTRUCTION TO MAKE ALL STATE-LEVEL APPOINTMENTS NECESSARY FOR SUPERVISION AND ADMINISTRATION OF THE FREE PUBLIC SCHOOLS, TO MODIFY THE MEMBERSHIP OF THE STATE BOARD OF EDUCATION TO INCLUDE AN ADDITIONAL AT-LARGE MEMBER, TO REQUIRE THE GENERAL ASSEMBLY TO ELECT ALL AT-LARGE MEMBERS, AND TO CREATE A SIX-YEAR TERM OF OFFICE FOR STATE BOARD OF EDUCATION MEMBERS.

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