Bill Summary for S 692 (2023-2024)

Printer-friendly: Click to view

Summary date: 

Apr 13 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 692 (Public) Filed Thursday, April 6, 2023
Intro. by Galey, Johnson, McInnis.

View: All Summaries for BillTracking:

Bill summary

Part I.

Amends GS 115D-1 by adding that the President of the North Carolina Community Colleges System (System) is the chief administrative officer and has executive authority over the Community Colleges System Office (System Office). Amends GS 115D-2 by adding and defining the term President as it is used in GS Chapter 115D as the President of the North Carolina Community Colleges System.

Amends GS 115D-3 to place the System Office under the direction of the President instead of the State Board of Community Colleges (State Board). Makes the President subject to confirmation by the NCGA. Sets out a process under which the State Board is to elect a President. No longer specifies that the State Board has all other powers, duties, and responsibilities delegated to the State Board of Education affecting the System Office not otherwise stated in GS Chapter 115D. Requires the President to receive appropriations made by the NCGA for the operation of the System, as specified, and allows expending the funds in the manner deemed to maintain and advance the System Office's programs and services. Allows the President, with the State Board's approval, to appoint advisory committees. Encourages the President to meet annually with the Superintendent of Public Instruction and UNC President to discuss educational matters of mutual interest and recommend policies to encourage the improvement of public education at every level in the State. Requires the President to approve any report that must be submitted by the System Office; reports approved by the President are not subject to approval by the State Board.

Enacts new GS 115D-3.1 setting out the procedure for the NCGA to confirm the President.

Amends GS 115D-4.1 by changing the recipient of the report on the academic performance of transfer students to require the report to be made to the System Office instead of the State Board; requires the President instead of the State Board to review the reports and determine if transfer students are performing adequately. Makes conforming changes. Requires the State Board to ensure that the community college takes steps recommended by the President to remedy problems with transfer student performance.

Amends GS 115D-5 to give the President the power (was, State Board) to execute policies adopted by the State Board. Limits the power of the State Board to approve the selection of an individual institution's chief administrative officer to require the individual to be recommended by the President, the process for which is set out in new GS 115D-6.1. Prohibits offering a course by any community college at State expense without approval of the State Board upon recommendation by the President; makes conforming changes. Requires the President to conduct periodic reviews of each community college. Moves existing provisions into new GS 115D-5.3 and adds that community colleges may offer the Motorcycle Safety Instruction Program. 

Amends GS 115D-6 to require the President to find the already listed conditions before the State Board may withdraw or withhold State funds.

Enacts new GS 115D-6.1 to require the State Board to develop contract terms that boards of trustees of community colleges must use when electing a president or chief administrative officer and sets out required contract terms. Sets out the process for the President to approve a person selected by a local board as president or chief administrative officer. Applies to contracts entered into or renewed on or after the date this act becomes law.

Amends GS 115D-6.5 to require the President, instead of the State Board, to make findings concerning noncompliance by a board of trustees, and requires reporting those findings to the State Board when a board of trustees has failed to or refused to comply (was, willfully or as a result of gross negligence, failed or reused to comply) with laws, rules, and sound fiscal and management practices. Adds the President to the advisory board providing support and recommendations to a college that needs assistance with taking remedial action and makes the President chair of the committee. Makes conforming changes to the President's role in handing noncompliance.

Amends GS 115D-9 to give the President, instead of the State Board, power to take specified actions with respect to designing, construction, repair, or renovation of property of the System requiring the expenditure of $4 million or less. Makes conforming changes.

Enacts new GS 115D-10 specifying that actions taken by the State Board and President affecting a local board of trustees or president under the following are not subject to judicial review: GS 115D-6, GS 115D-6.1, GS 115D-6.5, GS 115D-19, and GS 115D-19.1.

Makes conforming changes to GS 115D-11.6 (Apprenticeship Council).

Amends GS 115D-15 to require prior approval from the President, instead of the System Office, before a board of trustees may convey a right-of-way or easement for highway construction or for utility installations or modifications. Makes conforming changes.

Amends GS 115D-19 by amending the process for the removal of a member of a board of trustees of an institution. Allows removal if: (1) the member is not capable of discharging, or is not discharging, the duties of his or her office as required by law or regulation or (2) the member is guilty of immoral or disreputable conduct. Requires the President to investigate any allegation that a member is engaging in conduct for which a member may be removed and requires reporting to the State Board findings when there is sufficient evidence that the member has engaged in such conduct. Moves forward with actions against the member if the State Board concurs in the findings. Makes conforming changes.

Enacts new GS 115D-19.1 allowing a college president to be dismissed for any of the causes outlined in the mandatory contract terms adopted by the State Board. Requires the President to investigate and notify the board of trustees if there is sufficient evidence that the president has engaged in prohibited conduct, at which time the contract is terminated. Specifies that this does not limit the authority of a board of trustees to hold a hearing and dismiss a president upon evidence known or presented to it.

Amends GS 115D-20 by amending the powers of the trustees of each institution concerning the election of a president or chief administrative officer by making conforming changes.

Amends GS 115D-33 by making the President, instead of the State Board, responsible for proving funds for the establishment and operation of an institution have been approved by voters before recommending approval of the institution. 

Repeals GS 115D-62 which divided the State into six trustee association regions.

Makes additional technical, clarifying, and organizational changes.

Part II.

Reduces the membership of the State Board under GS 115D-2.2 by one by removing the person serving as president of the North Carolina Comprehensive Community College Student Government Association. Removes the Governor's appointees and makes a conforming increase in the number of members appointed by the NCGA from eight to 18. Requires the Board to elect a vice-chair. Decreases the number of times the State Board must meet annually from 10 to eight. Effective July 1, 2027, further amends the membership of the State Board by removing as members the Lieutenant Governor, Treasurer, and Commissioner of Labor, leaving only the NCGA's appointees; makes conforming changes.

Sets out staggered terms for members appointed by the NCGA in 2023, 2024, and 2027.

Part III.

Amends GS 115D-12 by reducing the number of members of colleges' boards of trustees by one and requires eight members to be appointed by the NCGA and four elected by the county board of commissioners (was, four elected by the board of education of the public schools where the institution is located, four elected by the county board of commissioners, four appointed by the governor, and the president of the student government or the chair of the executive board of the student body). Makes conforming changes.

Current members serving on a board of trustees of a community college as of the effective date of this act serve the remainder of their terms. Thereafter, members are appointed or elected in accordance with GS 115D-12, as amended. Provides that when a vacancy occurs in a seat that was elected by a local board of education or appointed by the Governor, the vacancy shall be filled as provided in GS 120-122 and as follows specified depending on whether the NCGA is in session.

Repeals the following:

(1) SL 1997-12, expansion of the College of Albemarle Board of Trustees.

(2) Section 2 of SL 1999-60, establishing the board of trustees of a new multicampus community college to serve the multiple-county administrative area of Anson and Union Counties.

(3) Section 2 of SL 2011-175, amending the Stanly Community College Board of trustees.

(4) SL 2015-12, amending the Tri-County Community College Board of Trustees.

(5) Section 1 of SL 2015-167, amending the Beaufort County Community College Board of Trustees.

(6) SL 2015-243, amending the Isothermal Community College Board of Trustees.

(7) SL 2015-252, amending the Central Carolina Community College Board of Trustees.

(8) SL 2018-15, amending the Cleveland Community College Board of Trustees.

(9) SL 2020-20, amending the Asheville-Buncombe Technical Community College Board of Trustees.

(10) Section 1 of SL 2021-52, amending the Isothermal Community College Board of Trustees.

(11) Section 5 of SL 2021-102, amending the Cleveland Community College Board of Trustees.

(12) SL 2022-10, amending the Rockingham Community College Board of Trustees.

Part IV.

Amends GS 116-11 to make conforming changes.