Bill Summary for S 248 (2023-2024)

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Summary date: 

May 23 2023
S.L. 2023-37

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 248 (Local) Filed Wednesday, March 8, 2023
AN ACT TO DECREASE THE SIZE OF THE NASH BOARD OF EDUCATION TO SEVEN MEMBERS; TO ALIGN THE DISTRICTS FOR THE NASH BOARD OF EDUCATION WITH THE DISTRICTS OF NASH COUNTY BOARD OF COMMISSIONERS; TO PROVIDE FOR THE BOUNDARIES OF THE NASH SCHOOL ADMINISTRATIVE UNIT TO BE IDENTICAL TO THE BOUNDARIES OF NASH COUNTY EFFECTIVE JULY 1, 2024; AND TO PROVIDE FOR PARTISAN ELECTIONS FOR THE MEMBERS OF THE CATAWBA COUNTY BOARD OF EDUCATION, HICKORY CITY BOARD OF EDUCATION, AND NEWTON-CONOVER CITY BOARD OF EDUCATION.
Intro. by Barnes, B. Newton.

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Bill summary

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

Amends the provision related to the Nash Board of Education as follows. No longer requires a person elected to the Board to take office on the first Monday in December following their election, with terms of office dating and extending from that time. Requires the Board to organize according to GS 115C-41 and for vacancies to be filled in accordance with GS 115C-37(f). Requires, in order to be eligible to fill a vacancy, that a member reside in the district in which the vacating member was elected to serve. Provides that members elected to the board in 2022 continue to serve until the end of the elected term; if a member elected in 2022 vacates office for any reason before the end of the elected term, the vacancy must not be filled (was, all members residing in Nash County who were elected to the Board in 2022 continue to serve on the Board until the end of their term or a vacancy occurs due to resignation or other causes). Makes additional clarifying changes.

Adds the following new content.

Requires, effective July 1, 2024, that the boundaries of the Nash School Administrative Unit (Unit) be identical to the boundaries of Nash County. Requires territory that was previously part of the Unit located outside of the County's boundaries be annexed to the unit of the county in which the territory is located and requires those local boards of education gaining territory annexed into the school unit to revise electoral districts. Also effective July 1, 2024, requires the Nash Board of Education to operate and administer all of the public schools located in the Unit. 

Repeals SL 2016-14 (revising Senate bill 612, which provided for the merger and consolidation of the school administrative units in Nash County and the City of Rocky Mount). Leaves in place the name of the Nash School Administrative Unit and the Nash Board of Education.

Requires that the boards of the school administrative units of Nash and Edgecombe, in consultation with the boards of county commissioners of Nash and Edgecombe counties, by November 15, 2023, submit a written plan of transfer that includes the agreement of those four boards as to the transfer of the portion of the Unit located in Edgecombe County to the Edgecombe County Public School System. Sets out items that must be included in the plan related to employment, preparation of budgets, student assignments, and other related matters; transfer of funds, contracts, obligations, assets, and liabilities; and any other appropriate subjects or functions necessary for the orderly transfer. If a plan is not submitted by that date, the State Board of Education is required to prepare a written plan of transfer. Prohibits modifying the agreement unless agreed to by all four boards and requires an act of the NCGA to do so. 

Vests title to and ownership of all property of the Nash Board of Education located in Edgecombe County in the Edgecombe County Board of Education and sets out related requirements and deadlines.

Sets out provision governing the transfer of claims and demands related to the Unit's public schools, and the Unit's obligations and liabilities.

Instead of repealing specified provisions, repeals all of SL 1991-391, which merged the Rocky Mount City and the Nash County School Administrative Units, and makes this repeal and the repeal of Section 1 of SL 2006-87 effective July 1, 2024. 

Repeals Section 4 of SL 2003-346, and SL 2007-316, which amended SL 1991-391 by changing the boundary line, effective July 1, 2024.

Makes additional organizational changes. Amends the act's titles.